Blog

Right-of-Way On The Water

June 08, 2015

With summer now upon us here in Northern Michigan, the excitement to get out on the water builds. Refreshing yourself with the basic rules of navigation and right of way is always recommended. Failure to obey the rules which causes an accident and in...

Auto No-Fault Insurance Claims by Medical Providers

June 01, 2015

Medical service providers have legal standing to independently bring and enforce auto no-fault insurance claims. Recently, however, auto no-fault insurers have tried to challenge and prevent medical providers from bringing legal action directly again...

Auto No-Fault Insurance Reform

May 28, 2015

The auto no-fault insurance industry's recent effort to reform the Michigan system of auto insurance is currently stalled before the Michigan House of Representatives. The version of the bill as passed by the State Senate, changed modestly after ...

NASCAR Admits Catch-Fence System Failure Is Not New

February 28, 2013

NASCAR admits that catch-fence system failure is not new. Remarkably, in a moment of candor, Steve O'Donnell, NASCAR's senior vice president for racing operations, remarked "'This is not new.'" Viv Bernstein, NY Times, dated...

NASCAR & Motor-sports Industry Renew Historical Debate About Fan Safety & Catch-fence Systems

February 26, 2013

Race car wheel assemblies keep flying over catch fences. For the motor-sports industry, that is neither new nor a freak accident. And with the recent incident at the Daytona 500 last Saturday, with yet another wheel assembly flying over the catch fen...

The "New" Michigan Assigned Claims Plan for No-fault Benefits

February 18, 2013

In 2012, the Michigan Legislature passed and Gov. Snyder signed into law, a new Michigan Assigned Claims Plan for No-fault Benefits. The new law modifies the administration of the Michigan Assigned Claims Plan. Formerly, the plan was administered by ...

No-Fault Insurance Medical Service Providers Beware

February 14, 2013

No-fault insurance medical service providers must be aware and cautious of the status of a patient's no-fault PIP claim. Particularly, if the patient has filed a lawsuit and the medical provider has elected not to intervene or file its own, joint...

Claim For Unpaid Back Rent From Estate Must Be In Writing...

October 11, 2012

Plaintiff rented out a condominium to his mother and the decedent, his mother’s husband. The couple paid the mortgage payment directly to the mortgage holder. After the plaintiff’s mother died, the decedent continued to live in the ...

Improper to Rely on Study Not Part of Evidence

August 06, 2012

In this divorce appeal, the trial court modified the parenting time schedule to give the defendant parenting time every other weekend including Sunday overnight, and Monday and Wednesday after school until 7:15 p.m. The defendant claimed that t...

Promise to Reimburse Rent by Leaving Inheritance in Will...

June 14, 2012

Plaintiff rented out a condominium to his mother and the decedent, his mother’s husband. The couple paid the mortgage payment directly to the mortgage holder. After the plaintiff’s mother died, the decedent continued to live in the ...

No Recovery For Plaintiff Who Fell on Ice Who Strayed From Walkway

June 05, 2012

In January of 2008 Plaintiff slipped and fell on ice on a patio near the front entrance of Trinity Continuing Care Services nursing home. She had driven her three-wheeled bicycle to the building to don...

Temporary Staff Psychiatrist Entitled to Governmental Immunity Even Though He Was Called an Independent Contractor

June 05, 2012

Plaintiffs were employees of Caro Regional Center who were attacked by a patient. After being found not guilty by reason of insanity at a criminal ...

IMPORTANT NO-FAULT UPDATE FOR MEDICAL SERVICE PROVIDERS AND MVA VICTIMS WHO ARE MINORS AND/OR SUSTAIN TRAUMATIC BRAIN INJURY

May 16, 2012

Yesterday, the Michigan Supreme Court did away with the long-held rule of protecting minors and the infirm in no-fault claims. This legal issue has literally been a political ping-pong match with the balance of the court changing so much ...

No Social Host Liability Where Guest Is Injured In Assault By Intoxicated Adult Guest

April 12, 2012

Plaintiff, age 19, attended an after-prom party at the home of defendant’s son, who was a junior in high school and a minor. The party was held in a pole barn on the defen...

Change of Life Insurance Beneficiary Not The Result of Undue Influence

April 05, 2012

The Decedent had a life insurance policy which named his mother as the beneficiary. Subsequently the decedent met and dated his girlfriend. They eventually moved in together and had a baby girl together in 2003. While his girlfriend was p...

Injured Party Has Waived Doctor-Patient Privilege Once He Asserts Medical Defense and Releases Preliminary Medical Records

March 14, 2012

Plaintiff was injured when he was struck by a vehicle driven by the defendant. In response to a complaint filed by the plaintiff, the defendant raised the defense of “sudd...

Real Estate Transfer Upheld Even Where Transferor-Heir to Real Estate Never Opened Probate Estate

March 07, 2012

In 1984 Lyall and June Aldrich signed a quit claim deed that transferred ownership in some land to their three children, Kim Aldrich, Randy Aldrich, and Kit Price as tenants in common...

Dave Camp Announces Hearing on the Treatment of Closely-Held Businesses in the Context of Tax Reform

March 06, 2012

Congressman Dave Camp (R-Mi), Chairman of the Committee on Ways and Means, has announced that the Committee will hold the second of two hearings on how accounting rules cause different types of businesses – specifically, publicly traded and clo...

A health system's actual procurement costs for surgical implants is subject to disclosure for payment consideration by auto no-fault insurers

March 02, 2012

Patients of Bronson Methodist Hospital, in Kalamazoo, Michigan, were involved in motor vehicle accidents and sustained traumatic, orthopedic injuries requiring surgical implants. Pursuant to the no-fault act (MCL 500.3107(1)(a)), Brons...

A minor investment to investigate the facts of an accident is the difference between no-fault coverage paying versus private pay or government reimbursement.

February 15, 2012

A man was walking was walking his dog on a road. A car and a snowmobile were approaching in opposite directions to the man and his dog. The car had its headlight on. The operator of the snowmobile testified that the car's headli...

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