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The “New” Michigan Assigned Claims Plan for No-fault Benefits

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 and through the Secretary of State. Now, under the new law, it is administered through the […]

No-Fault Insurance Medical Service Providers Beware

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 action. That is because if the patient ultimately settles his/her PIP claim for future […]

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

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 […]

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 Camping Trailer No Longer Qualifies for No-Fault Insurance Coverage Once It Is Parked At The Camp-Site And Is Being Used As Accommodations

A family towed their camping trailer and set it up at their designated camp site.   After the camper was set up, one of the family members entered it to retrieve her glasses for reading.  While exiting the camper, she slipped on the steps and suffered bodily injury requiring medical care.  She applied for no-fault benefits […]

The battle to save Northern Michigan jobs and to preserve Michigan’s Auto No-fault Insurance resumes in 2012

In the 1992 and 1994 Michigan statewide elections, many remember the no-fault insurance industry’s ballot initiatives (Proposals C and D) which sought to dramatically convert Michigan’s auto no-fault insurance system into managed care funded by tax payers.  These efforst were resoundingly defeated by the people of Michigan.  See the Official election results here. After 17 […]

Opening a tailgate to a motor vehicle trailer triggers no-fault insurance coverage

Facts & Ruling By Court: A man was hauling waste to a landfill using his attached trailer.  The tailgate would not open freely.  The man pushed on the tailgate and it sprung open, causing him to lose his balance.  He fell down into the landfill and suffered bodily injury requiring medical care.  The no-fault act […]

Michigan’s highest court decides a medical service provider’s defense against an attorney’s fee lien in a no-fault PIP recovery, leaving unanswered several procedural questions.

Facts & Ruling by Court: A man was catastrophically injured in a car accident and was taken to the Detroit Medical Center for care.  The patient’s medical expenses were covered by the No-Fault law.  Before the patient was discharged and before the DMC issued an itemization of charges to the patient’s no-fault insurer, the patient’s […]

Driving too close behind another and stopping abruptly are factors that may lead to driver liability for personal injury suffered by another. And, when multiple motor vehicles are involved in a scenario which is a factor resulting in a motorcyclist’s injury, liability for no-fault coverage afforded to the motorcyclist may rest with more than one of the involved motor vehicles.

Facts & Ruling by Court: Three cars were traveling south on M-37 approaching a curve in the roadway.  Heading northbound was a motorcyclist.  The first of the three cars was looking for wood.  It is here where testimony of several witnesses differed on what actually occurred next: the driver of the first car says he […]

When your child leaves home to go off to school but does not sever ties with the family household, s/he is still domiciled in your home and covered by your auto insurance.

An 18 year old moved out of his family home and into a friend’s home to attend school in another town.  The son, however, kept his family home address on his driver’s license and provided his school and a part-time employer with it as opposed to the friend’s.  His checking account also kept his home […]