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 since 1999.   Since 1973 — when the no-fault act was enacted — it had always been […]

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

            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 defendant-father’s property, which was located a short distance from the house.  Alcohol was served at the party.  The alcohol was brought […]

Change of Life Insurance Beneficiary Not The Result of Undue Influence

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 pregnant, they discussed decedent changing the beneficiary of the policy.  In 2005 decedent began having serious […]

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

            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 “sudden medical emergency.”   In his answers to a first set of requests for discovery, the defendant admitted that he had recently been prescribed Xanax, and […]

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

            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.   Randy Aldrich died without a Will in 1998.  No probate estate was opened at the probate court after his death.  In June […]

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

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 closely-held businesses – to evaluate tax policy choices differently. Whereas a previous hearing focused on financial accounting rules […]

A health system’s actual procurement costs for surgical implants is subject to disclosure for payment consideration by auto no-fault insurers. 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)), Bronson submitted its charges incurred by the […]

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

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 headlights blinded/obstructed his vision such that he did not see the man walking […]

Title Insurance Company Not Liable For Failure To Expeditiously Resolve Suit

A&A Property Management owned a gas station in the City of Detroit.  It purchased the gas station by taking out a secured loan from Comerica Bank. It also maintained its fuel supply through a mortgage arrangement with Armada Oil and Gas.  Armada recorded its mortgage first.  When A&A defaulted on its loan payments with Comerica, […]

Saving Auto No-Fault Insurance In Michigan

Last evening, February 2, 2012, a town hall meeting was held in Traverse City, Michigan, about saving auto no-fault insurance in Michigan.  The town hall meeting was sponsored by the Coalition Protecting Auto No-fault (CPAN) and was well attended by members of the greater northern Michigan community, including many health care providers (e.g. , Munson […]