Posts

Medical Providers’ Collection Lawsuits Against Michigan No-Fault Auto Insurers Remains Valid With A Patient Assignment

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 […]

The New Era of Medical Provider No-fault Litigation

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 […]

2016-2017 No-Fault Year in Review

[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 […]

No-Fault Medical Provider Actions Now At Potential Risk

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 […]

Generic Notice of Injury Satisfies Statutory Notice for No-Fault PIP Benefits

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 […]

Increasing The Speed Limit Raises Safety Questions for Michigan Motorists

The Michigan Legislature is, again, debating a proposal to raise the speed limits for state and county roadways.  The package of bills (HB 4423  thru 4427) have been passed by the House Transportation Committee (Chaired by Republican, Peter Pettalia, District 106) and will now be considered and debated by the full House.  A comprehensive legislative analysis of the bills and “the […]

Jeep Recall & Driverless Vehicles

Needless to say, the recent news about the operation of motor vehicles being  (or capable of) hacked by outside sources is deeply disturbing.  Fiat-Chrysler just announced its recall of 1.4 Million vehicles after reported hacking disrupted the driving of at least one reported occurrence.  Jeep owners are strongly urged to take their vehicles to a […]