Matthew S. LaBeau
Matthew S. LaBeau
248-663-7725
Summary
Matt focuses his practice on defense litigation in first party No-Fault claims, uninsured and underinsured motorist claims, automobile negligence, premises liability, general liability, and contractual disputes. He has also successfully defended numerous corporations against product liability and construction defect claims. Matt has extensive experience in defending catastrophic injury claims as well as consulting insurers regarding catastrophic claims prior to litigation.
Matt has vast experience in all aspects of the litigation process from the discovery process through trial and routinely achieves successful results for his clients. Matt has been a leading authority on the reform of Michigan’s No-Fault Act and has numerous presentations and publications on the impacts of the new legislation. Matt is an author of ICLE’s No-Fault Automobile Law and Practice in Michigan. Matt was recognized by Michigan Lawyers Weekly as a 2023 Leaders in the Law recipient.
Matt completed ICLE’s extensive 40-Hour General Civil Mediation Training, equipping him with specialized negotiation methods to mediate complex civil matters
Practice Areas
Credentials
Education
- Wayne State University Law School (J.D. 2006)
- Western Michigan University (B.B.A. cum laude, 2003)
Admissions
- State Bar of Michigan
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Western District of Michigan
Professional Activities
- Association of Defense Trial Counsel (President from 2015-2016)
- Michigan Defense Trial Counsel
- Monroe County Bar Association
- State Bar of Michigan
- District I Character and Fitness Committee
- Insurance and Indemnity Law Section (Council Member from 2017-2018)
Community Involvement
Matthew is a Fellow with the Oakland County Bar Foundation.
Accomplishments
- Super Lawyers™
- Personal Injury Litigation – Defendants (2022-2024)
- Rising Star (2012-2021)
- Leaders in the Law, MI Lawyers Weekly (2023)
- Go-To-Lawyer for Negligence Law, MI Lawyers Weekly (2023)
Prominent Outcomes
Successfully defended an insurance carrier in a no-fault claim involving catastrophic injuries. The plaintiff was riding a motorcycle on the Mackinac Bridge during a holiday parade. An accident occurred 10 minutes earlier at the other end of the bridge, where a motorcycle went into the lane of oncoming traffic and struck a motor vehicle. The accident caused traffic on the bridge to back up. As plaintiff drove over a hill on the bridge, she was unable to stop due to the back up and struck the motorcycle in front of her. The plaintiff was ejected and suffered significant injuries. Plaintiff’s attorney argued that the accident at the other end of the bridge caused plaintiff’s accident. Therefore, plaintiff argued that her motorcycle accident involved a motor vehicle, entitling her to no-fault benefits. Matt and his team argued that the events were separate and distinct based on controlling case law. Therefore, plaintiff’s accident did not involve a motor vehicle and plaintiff was not entitled to no-fault benefits. Matt was able to persuade Judge Muriel Hughes in Wayne County that the case should be dismissed in its entirety. Plaintiff was seeking over $300,000 in no-fault benefits.
Successfully prosecuted a federal RICO action alleging fraud against a towing company and several co-conspirators. The scheme involved a towing company and several co-conspirators that made hundreds of requests for long distance towing services that did not occur as claimed. Along with a team of CEF attorneys, they were able to recover every single dime that was lost due to the scheme.
Successfully argued and obtained summary disposition for an insurance carrier in a property loss claim. The claim resulted from a vehicle fire next to a building containing used truck parts. The plaintiffs requested just under $1,000,000 for the building and contents. The Court found that the plaintiffs’ claims were barred by the statute of limitations, despite plaintiffs attempts to argue the statute didn’t apply due to estoppel, reliance, and unjust enrichment. The decision was upheld by the Michigan Court of Appeals. https://www.courts.michigan.gov/4a286f/siteassets/case-documents/uploads/opinions/final/coa/20220609_c355841_53_355841.opn.pdf
Successfully argued and obtained a summary disposition in an automobile negligence claim with two Plaintiffs sustaining catastrophic injuries, including high-level quadriplegia and two fractured femurs. The Court granted summary disposition and dismissed the case in its entirety on the basis that Matt’s clients, a farm and their employee-driver, did not owe a duty to avoid the accident, and had complied with their duties to Plaintiffs as a matter of law. Plaintiffs’ last demand was $2,600,000.
Successfully argued and obtained summary disposition for a spindle manufacturer in a product liability action. The plaintiff company owned a milling machine that malfunctioned, causing damage to the machine and significant loss of income. Through an aggressive and comprehensive discovery strategy, it was proven conclusively that the manufacturer of the machine improperly installed the spindle. The Court found that the spindle manufacturer properly repaired the spindle as a matter of law, and the case was dismissed.
Successfully argued and obtained summary disposition in Calhoun County Circuit Court in a lawsuit for first-party, no-fault benefits. A hospital claimed that, under an assignment clause in the hospital’s consent-for-treatment form and the hospital’s fee agreement with Cofinity/PPOM, it had the standing to claim over $400,000 in no-fault benefits. The Court rejected this argument, finding that the assignment was invalid and that the Cofinity/PPOM agreement didn’t give the hospital standing. The Court dismissed the case in its entirety.
Successfully argued and obtained summary disposition in a claim for premises liability in favor of a snow removal company. The Court found that the plaintiff failed to prove that the snow removal company owed any separate and distinct duty outside of its contractual duties to the homeowner such that the snow removal company cannot be held liable in tort. Plaintiff claimed significant damages and the claim against the snow removal company was dismissed in its entirety.
Successfully argued and obtained summary disposition in a claim for premises liability. The Court granted summary disposition and dismissed the case on the basis that there was no genuine issue of material fact that that Plaintiff was a licensee and that the premises owner complied with any duties owed to the Plaintiff. Plaintiff was claiming significant damages related to a severe leg injury.
Successfully argued and obtained summary disposition in a claim for first-party No-Fault benefits. The Court granted summary disposition and dismissed the case on the basis that the Plaintiff had failed to submit reasonable proof in support of her claim for attendant care benefits. Plaintiff was seeking over $300,000 in outstanding attendant care benefits.
Successfully argued and obtained summary disposition in a claim for first-party No-Fault benefits. The Court granted summary disposition and dismissed a large portion of the case on the basis that Plaintiff had failed to incur a claim for medical benefits. Plaintiff was seeking almost $1,000,000 in outstanding medical benefits.
Publications & Speaking Engagements
Credited as Author to (ICLE)’s Resource Book, “No-Fault Automobile Law and Practice in Michigan, Fourth Edition”
Along with Steve Sinas of the Sinas Dramis Law Firm, recorded the training module and assisted with developing the examination questions for Michigan No-Fault law for Michigan Law Basics, which is a mandatory training for all applicants to the State Bar of Michigan.
Presented to the entire PIP claims staff for a national insurance carrier on the topic of Good Faith Claims Handling. (October 2023)
Presented on a panel at the 10th annual ICLE No-Fault Summit on the topic of Auto Tort Damages: Economic Damages – Presenting and Defending. (April 2023)
Author, “The Small Print Taketh Away! Considerations for Settling Your Next Michigan No-Fault Claim,” Published in Michigan Defense Quarterly (Vol. 39, No. 3-2023)
Presented at the 9th annual ICLE No-Fault Summit on the topic of The Utilization Review Experience (April 2022)
Joined Steve Wood, PhD on The Litigation Psychology Podcast to discuss emotional witnesses at depositions (June 2021)
Presented at the 8th Annual ICLE No-Fault Summit on the topic of DIFS Bulletins and Orders: Scope, Substance, and Practical Implications (June 2021)
Author, “Michigan’s New No-Fault Fee Schedule for Fools (*Like Me)”, Published in Michigan Defense Quarterly (Vol. 37, No.1-2020)
Presented at the 7th Annual ICLE No-Fault Summit on the topic of “Coverages and Exclusions Update–with the New Fee Schedule and Caps” (May 2020)
Author, Too Much or Not Enough? An Inside Look at Michigan’s New Utilization Review Process, Journal of Insurance and Indemnity Law (Vol. 14, No. 2 – April 2021)
Filmed an on-demand seminar for ICLE on Utilization Review Rules (March 8, 2021)
Author, “On What Authority? DIFS Exercises its Regulatory Power to Impact No-Fault Reform”, Journal of Insurance and Indemnity Law (Volume 13, No. 1, January 2020)
Filmed a 2-part series with the Institute of Continuing Legal Education regarding the Michigan No-Fault Reform (September, 2019)
Author, Looking Down the Road at Changes to the Michigan No-Fault Act, Journal of Insurance and Indemnity Law (Special Issue – No Fault Reform – Volume 12, No. 3, July 2019)
Participated in a panel discussion on the topic of “The New Michigan No-Fault Act: How Will It Affect Your Practice?” at the MDTC 2019 Annual Meeting & Conference (July 22, 2019)
Presented to national insurance carrier on a general overview of no-fault benefits in Michigan, and best practices for claims handling (March 4, 2019; July 9, 2019)
Author, The Basics of Indemnity Law, Michigan Bar Journal (Volume 98, No. 3, March 2019)
Author, Consider Removing Your Next PIP Case to Federal Court, Journal of Insurance and Indemnity Law (Volume 11, No. 3, July 2018)
Presented at the ICLE No-Fault Summit on the topic of “Using the Claim File to Prove and Disprove Damages at Trial – the Defense Perspective.” (April 26, 2018)
Presented at an insurance carrier’s claim representatives training seminar on the issue of “Best Practices Under the Michigan No-Fault Act.” (August 25, 2015)
Presented to an insurance carrier on the issue of “Overview of Catastrophic and Litigated Claims.” (October 24, 2013)
Presented at an insurance carrier’s New Claim Representatives Training Seminar on the issue of “Order of Priority Under the Michigan No-Fault Act.” (July 18, 2012)
Presented to an insurance carrier on the issue of “Overview of Pending No-Fault Legislation and Case Law Update.” (October 26, 2011)
Presented to an insurance carrier on the issue of “Life after McCormick v. Carrier.” (July 14, 2011)
Presented to an insurance carrier on the issue of “Non-Standard and Experimental Treatment under the Michigan No-Fault Act.” (May 19, 2011)
Presented to an insurance carrier on the issue of “Overview of Benefits Payable Under the Michigan No-Fault.” (April 11, 2011)
Presented at the Buckeye Seminar in Columbus, Ohio on the issue of “Non-Standard and Experimental Treatment under the Michigan No-Fault Act.” (October 13, 2010)
Presented to the Insurance Institute of Michigan on the issue of “Non-Standard and Experimental Treatment under the Michigan No-Fault Act.” (September 20, 2010)
Presented at the Indy City Seminar in Indianapolis, Indiana on the topic of “Is it Covered? Issues Related to Non-Standard/Experimental Treatment in No-Fault First Party Cases.” (October 22, 2009)
News & Insights
Collins Einhorn Farrell PC is pleased to announce that 21 of our firm’s lawyers have been included in the 2024 editions of Super Lawyers. Five of the 21 recognized lawyers have been included in the Rising Stars edition, which recognizes attorneys who are early in their careers for their outstanding professional excellence in private…
Attorney Matthew S. LaBeau recently successfully defended an insurance carrier in a no-fault claim involving catastrophic injuries. The plaintiff was riding a motorcycle on the Mackinac Bridge during a holiday parade. An accident occurred 10 minutes earlier at the other end of the bridge, where a motorcycle went into the lane of oncoming traffic and…
Collins Einhorn Farrell PC is pleased to announce that 22 of our firm’s lawyers have been included in the 2023 editions of Super Lawyers. Seven of the 22 recognized lawyers have been included in the Rising Stars edition, which recognizes attorneys who are early in their careers for their outstanding professional excellence in private…
Introduction When the Michigan No-Fault Act was reformed on June 11, 2019, the new legislation introduced, among other changes, limitations on the amounts that a medical provider could charge for treatment as well as the hours that a family member could charge for attendant care. In Andary, et al v USAA, et al, the Michigan…
Introduction On July 28, 2023, the Michigan Supreme Court released its long-anticipated opinion in Kandil-Elsayed v F&E Oil, Inc., which addresses the open-and-obvious doctrine in premises-liability cases. For over 20 years, property owners in Michigan did not have a duty to protect against open and obvious dangers. Kandil-Elsayed overrules decades of precedent, removing the open-and-obvious doctrine from the analysis…
Collins Einhorn Farrell PC attorneys Matthew S. LaBeau and Christopher T. Lang recently defended an independent medical device sales consultant in a declaratory action related to unpaid sales commissions. The plaintiff, a Michigan company, was a distributer of medical device products and successor to a contract with the defendant sales consultant. The defendant sold products…
What happens when two appellate panels issue opposing published opinions on the same issue? That’s the current state of the law in Encompass Healthcare, PLLC v Citizens Insurance and Spine Specialist of Michigan v Memberselect Insurance Company when the panels addressed the one year back rule and the new tolling provisions under the one year…
Attorneys Matthew S. LaBeau and Joshua M. Stapp recently defended a restaurant in a slip and fall case. The plaintiff was walking down an alley next to the restaurant when she slipped on what she believed was grease from a fryer left in the alleyway. Matt and Josh filed a motion for summary disposition on…
This matter originated out of a scheme by a towing company in Clio, Michigan that involved hundreds of fraudulent requests for towing services. After a pre-suit investigation by the insurance carrier, it was determined that several long distance tows never occurred based on the duration of service, the vehicle never making it to the alleged…
Matthew S. LaBeau and Zabbia N. Alholou were able to obtain summary disposition of a property loss case where the plaintiffs were seeking nearly $1,000,000 in damages resulting from a fire. Plaintiffs were in the business of selling used truck parts. In 2017, a semi-truck parked overnight next to the plaintiffs’ building and caught fire. …
Introduction When the Michigan No-Fault Act was reformed on June 11, 2019, the new legislation introduced, among other changes, limitations on the amounts that a medical provider could charge for treatment as well as the hours that a family member could charge for attendant care. A question arose almost immediately as to when these changes…
Collins Einhorn Farrell PC is pleased to announce that 22 of our firm’s lawyers have been included in the 2022 editions of Super Lawyers. Four of the 22 recognized lawyers have been included in the Rising Stars edition, which recognizes attorneys who are early in their careers for their outstanding professional excellence in private practice….
What happens when a no-fault carrier identifies a higher priority carrier during litigation, and after the one year notice period has expired? We recently learned the answer from the Michigan Supreme Court in Griffin v Trumbull. While the claimant is required to exercise reasonable diligence to identify the highest priority, it is ultimately up to…
What avenues does an insurance carrier have when paying no-fault benefits to a claimant when another carrier is higher in the order of priority? The Michigan Supreme Court’s opinion in Esurance v. MACP, __ Mich __ (2021) provides much needed guidance. On January 10, 2016, Roshaun Edwards was driving a Dodge Challenger when he crashed…
Introduction One of the many changes under the Legislature’s reform of the Michigan no-fault act is a modification to the order of priority that makes the Michigan Assigned Insurance Placement Facility (MAIPF) responsible for more claims. The Michigan Department of Insurance and Financial Services (DIFS), however, issued orders that prevented insurers from implementing that change…
Attorneys Matthew S. LaBeau, Christopher T. Lang, and Lynn B. Sholander obtained summary disposition in an automobile negligence claim where the Plaintiff sustained life-altering catastrophic injuries. Their clients, a local farm, and their employee were accused of negligently operating their tractor-trailer, and negligently maintaining the vehicle. The employee was driving 80,000 pounds of grain to…
Attorney Matthew LaBeau’s article, “Michigan’s New No-Fault Fee Schedule for Fools (*Like Me)” was recently published in the Michigan Defense Quarterly. The article discusses the fee schedule, and other limitations on no-fault benefits, that will go into effect in 2021. To stay informed on these changes, download Matthew’s article here: https://bit.ly/3lDlqC9
Attorneys Matthew S. LaBeau and Lindsey A. Peck obtained summary disposition in a negligence claim where plaintiff sustained life altering catastrophic injuries. Their clients, an automobile manufacturer and distributor, were accused of not properly securing a parking lot where new vehicles were stored before shipment. A former employee cut a hole in the fence surrounding…
When the Legislature reformed the Michigan no-fault act on June 11, 2019, one of the many changes was the implementation of a utilization review process. This new procedure allows insurers and the Michigan Catastrophic Claims Association (MCCA) to seek further information and make determinations regarding treatment, training, products, services, or accommodations that were potentially overutilized…
Attorney Matthew LaBeau has been credited as a contributor to the Institute of Continuing Legal Education (ICLE)’s resource book, “No-Fault Automobile Law and Practice in Michigan, Fourth Edition.” Matthew has provided his expert analysis on navigating the evolving no-fault landscape and specifically addressed issues related to the reform of the Michigan No-Fault Act. A copy…
Introduction The amendments to Michigan’s no-fault act were filed with the Secretary of State on June 11, 2019. At that time, certain changes went into effect immediately. However, the Legislature set a later effective date for the most impactful amendments. The second phase of reform went into effect on July 2, 2020. Here’s what you…
The 7th Annual ICLE No-Fault Summit, originally scheduled for April 23-24, 2020, is now available as an on-demand seminar. Attorney Matthew S. LaBeau discusses the new fee schedule imposed on medical expenses by the recent No-Fault reform legislation, as well as other limitations and restrictions on benefits imposed by the new law. The seminar can be viewed at www.icle.org.
ON WHAT AUTHORITY? DIFS EXERCISES ITS REGULATORY POWER TO IMPACT NO-FAULT REFORM Download Article Here Executive Summary Since the passage of the No-Fault reform legislation, interested parties have been diligently working to interpret the new statutory language, and determine how it will impact the landscape going forward. The State of Michigan Department of Insurance and…
We are proud to announce that 22 attorneys have been named to either the 2021 Super Lawyers list, or the 2021 Super Lawyers Rising Stars list. Congratulations! Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition…
Collins Einhorn Farrell PC is proud to announce that 15 of its attorneys have been named to the 2020 Michigan Super Lawyers list, and an additional 8 attorneys were named to the 2020 Michigan Rising Stars list. Additionally, Melissa Graves was named to the Top 50: 2020 Women Michigan Super Lawyers list. Super Lawyers, a…
INTRODUCTION On June 11, 2019, Governor Whitmer signed a bill into law that amended the no-fault reform legislation that was passed only recently, on May 30, 2019. Some of the changes are stylistic (i.e. renumbering paragraphs, changing “shall” to “must,” etc.) and are not substantive in nature. Other amendments provide effective dates for certain provisions…
EXECUTIVE SUMMARY It will likely take several years before the impact on premiums, claims, and litigation is fully determined as a result of no-fault reform. Certain provisions take effect immediately, others such as the choice of allowable expenses and MCCA provisions will take effect on July 1, 2020, and some regulatory changes even later. There…
Matthew LaBeau and Peter Tomasek, attorneys at Collins Einhorn Farrell PC, have published an article in the March edition of The Michigan Bar Journal “The Basics of Indemnity Law”. In Michigan, you’re likely to run into indemnity-law issues in three different scenarios: contractual indemnity, common-law indemnity, and implied-contractual indemnity. The most common of the three…
Attorneys Matthew S. LaBeau and Christopher T. Lang obtained summary disposition in the 15th District Court in Ann Arbor in a lawsuit for first-party, no-fault benefits. A non-emergency medical-transportation company claimed that it was entitled to reimbursement for services to an allegedly injured claimant. But the claimant previously settled her claim for benefits with the…
Attorney Matthew S. LaBeau obtained summary disposition on behalf of a spindle manufacturing company in a product liability case. To read the full outcome of the case, click on the headline.
Attorney Matthew S. LaBeau has published an article in the Journal of Insurance and Indemnity Law entitled “Consider Removing Your Next PIP Case to Federal Court.” The article explores the procedural and strategic considerations involved in seeking a removal of a claim for first-party no-fault benefits. For more information, click on the headline.
Defense-litigation attorney Matthew S. LaBeau of Collins Einhorn Farrell PC recently spoke on Using the Claims File to Prove and Disprove Damages at Trial at the fifth annual ICLE No-Fault Summit. He was joined by plaintiff attorney Adrienne D. Logeman of Logeman Iafrate & Logeman PC. Matt provided an in-depth perspective on how to effectively document the claim file, avoid claims for interest and attorney fees, and bolster the defense through strategic use of the claim file in discovery and at trial.
For a full outline of Matt’s presentation, email him at Matthew.LaBeau@ceflawyers.com.
Attorneys Matthew S. LaBeau and Peter J. Tomasek obtained summary disposition in Calhoun County Circuit Court in a lawsuit for first-party, no-fault benefits. A hospital claimed that, under an assignment clause in the hospital’s consent-for-treatment form and the hospital’s fee agreement with Cofinity/PPOM, it had standing to claim over $400,000 in no-fault benefits. The Court rejected this argument, finding that the assignment was invalid and that the Cofinity/PPOM agreement didn’t give the hospital standing. The Court dismissed the case in its entirety.
Attorney Matthew S. LaBeau represented a snow-removal company in a Macomb County slip-and-fall case. He argued that the court should dismiss the plaintiff’s claims because the snow-removal company didn’t owe the plaintiff a legal duty in the first place. This argument drew on a body of Michigan law holding that a plaintiff seeking damages for negligence must establish that the defendant owed a duty independent of its contractual obligations. Here, the Macomb County Circuit Court agreed with LaBeau’s argument that the snow-removal company didn’t owe the plaintiff a separate duty. It therefore entered a judgment in favor of the snow-removal company, dismissing the plaintiff’s claims for significant damages.
Defense litigation attorney Matthew S. LaBeau of Collins Einhorn Farrell PC will be a featured speaker at the 5th annual ICLE No-Fault Summit, to be held in Plymouth, Michigan on April 26-27, 2018. He will be joined by plaintiff attorney Adrienne D. Logeman of Logeman Iafrate & Logeman PC. The session, “Using the Claims File to Prove and Disprove Damages at Trial,” will cover, from both sides, what proofs are required for different types of claims, techniques to both trigger and avoid claims for interest and attorney fees, and tips for submitting timely proofs. The presentation will take place on Thursday, April 26 as part of the two-day conference. Registration is available at www.icle.org/no-fault or by calling ICLE at (877) 229-4350.
Collins Einhorn Farrell PC is pleased to announce that attorney Matthew S. LaBeau has joined the firm’s General and Automotive Liability practice group. LaBeau will focus his practice on the defense of first and third-party No-Fault claims, uninsured and underinsured motorist claims, automobile negligence, premises liability, general negligence, and contractual disputes. LaBeau has extensive experience in defending catastrophic No-Fault claims, as well consulting insurers regarding catastrophic claims prior to litigation. His background also includes involvement in all aspects of the litigation process from the discovery process through trial, routinely resulting in successful results for his clients. LaBeau has frequently made presentations throughout the State of Michigan on various topics relating to claims under the Michigan No-Fault Act, uninsured/underinsured motorist claims, and automobile negligence.