The Governors Highway Safety Association recently released its 2018 study regarding pedestrian traffic fatalities by state (click to read – new window) In recent years, the number of pedestrian fatalities in the United States has grown sharply. During the ten year period from 2008 to 2017, the number of pedestrian fatalities increased by thirty five […]
On May 8, 2018, the Michigan Court of Appeals issued a binding decision in Shah, et al v State Farm Ins Co, ___ Mich App ___ (2018). This is the first post Covenant v State Farm Ins Co, case that has decided a substantive issue born out of Covenant, itself. As a reminder, our Supreme […]
So if you have not heard, the auto no-fault insurance law has changed in Michigan for medical providers. After nearly 40 years of permissible statutory action under the no-fault act, the Michigan Supreme Court abruptly changed the law for medical providers. The case that changed the law is Covenant v State Farm (here). Simply, the court held there […]
[From time-to-time, Smith & Johnson, Attorneys, P.C.’s law partner, L. Page Graves, has been a featured speaker at the joint State Bar of Michigan’s and Institute of Continuing Legal Education’s Upper Michigan Legal Institute where he reviews and discusses the latest appellate cases in Michigan’s No-Fault Jurisprudence. Below is a copy of the materials hand-out for […]
With summer tourism in full swing here in Northern Michigan, particularly with the upcoming Cherry Festival and 4th of July festivities in all our harbor towns and area inland lake communities, it is never too late or too redundant to advocate against drunk driving. It affects us all. The risks are immeasurable and sadly, in some instances, […]
On May 27, 2016, the Michigan Supreme Court has effectively signaled a complete 180 from its stated opinion exactly one-year ago, despite no change in the Court’s current composition of justices. Last May 28, 2015, the Michigan Supreme Court denied an application to appeal a decision issued by the Michigan Court of Appeals, in Wyoming Chiropractic Health Clinic, PC v Auto-Owners […]
UBER & Michigan No-Fault Insurance Risks Before getting into an “Uber” car in Michigan, or for that matter becoming an Uber driver in Michigan, it would be prudent to thoroughly investigate the idea before proceeding with either plan. There are several inherent insurance related risks associated with doing so when it comes to no-fault insurance coverage […]
The Michigan Court of Appeals issued a published decision affirming the basic rule that an injured claimant’s generic notice of injury constitutes sufficient notice to a liable no-fault insurer. The case is Dillon v State Farm Mut Auto In Co, ___ Mich App ___ (May 3, 2016)(Docket No. 324902). When Ms. Dillon was injured in a […]
Medical service providers must carefully adhere to the procedures and administrative guidelines set forth in participating provider agreements with primary health insurers. Failure to do so will prove fatal to any secondary no-fault claim. That is exactly what happened to a medical provider in a recent ruling issued by the Michigan Court of Appeals, entitled Farm […]
Jesperson v Auto Club Ins Ass’n, ___ Mich ___ (2016)(Docket No. 150332, dated March 21, 2016). In Jesperson, the injured person never submitted to the liable no-fault insurer, written notice of his no-fault PIP claim. Notwithstanding the foregoing, more than a year after the accident, ACIA began paying PIP benefits for Jesperson and then after […]
Mike
Tim, you are the consummate personal and professional role model due to your selfless contributions toward others. After 27 years of knowing your father and mother, my respect for the Smith Family continues to grow as a result of your kindness. -Mike
