Benjamin A. Demsky

Benjamin.Demsky@ceflawyers.com
P: 248-351-7156
F: 248-351-7157
VCard

 

Benjamin focuses his practice in the areas of general liability, insurance coverage, and no-fault claims. Before joining Collins Einhorn, he was a plaintiff’s attorney handling no-fault and toxic tort cases, as well as appeals. Benjamin has achieved successful outcomes for his clients before trial courts throughout Michigan, as well as before the Michigan Court of Appeals.


AREAS OF PRACTICE

General & Automotive Liability


EDUCATION

Wayne State University Law School
(J.D., 2016)

Central Michigan University
(B.A., 2012)


ADMISSIONS

State Bar of Michigan
U.S. District Court, Eastern District of Michigan


PROFESSIONAL ACTIVITIES

Michigan Defense Trial Counsel
State Bar of Michigan
–   Appellate Section
–   Litigation Section
Secretary on Board of Directors of Pointe Media Incorporated
Board of Review Committee Member for the City of St. Clair Shores


PROMINENT OUTCOMES

Obtained a favorable jury-trial verdict in a first-party no-fault case. The plaintiff was injured while operating an uninsured motorcycle he had purchased on the same day of the accident. Though the title to the motorcycle never officially transferred into the plaintiff’s name, the plaintiff still possessed the motorcycle almost 2 years after the accident and had made some changes and repairs to it. He also intended to title, register, and insure it. The jury agreed with the defendant-insurer that the plaintiff had proprietary and possessory usage of the motorcycle; he had the right to use the motorcycle for over 30 days; and, as an owner, he was required to insure it. Therefore, the plaintiff was excluded from receiving no-fault benefits under MCL 500.3113. Morlan v Auto-Owners Ins Co, Case No. 18-690-NF, Washtenaw County Circuit Court, September 2019.

First National Rehab Inc v Liberty Mut Ins Co, unpublished opinion of the Michigan Court of Appeals, issued October 19, 2018 (Docket No. 344097): Obtained peremptory reversal of summary disposition to a no-fault insurer where the trial court upheld the validity of an anti-assignment clause in the insurance policy, denied the medical provider’s motion for leave to amend, and dismissed the medical provider’s no-fault claim with prejudice.

Abraham v Farmers Ins Exch & US Disaster Services, LLC, unpublished opinion of the Michigan Court of Appeals, issued August 21, 2018 (Docket No. 335353):  Obtained opinion reversing summary disposition to a mitigation company where the trial court upheld the validity of a release and found no duty of care was owed to the plaintiff.

Drafted and argued toxic tort appeal in which the Michigan Court of Appeals reversed the grant of summary disposition to a mitigation company where the trial court upheld the validity of a release and found no duty of care was owed to the plaintiff in Carla Abraham v Farmers Ins Exch & US Disaster Services, LLC, No. 335353 (Mich. Ct. App. Aug. 21, 2018)

Drafted delayed application for leave to appeal in which the Michigan Court of Appeals peremptorily reversed the grant of summary disposition to a No-Fault insurer where the trial court upheld the validity of an anti-assignment clause in the insurance policy, denied the medical provider’s motion for leave to amend, and dismissed the medical provider’s No-Fault claim with prejudice in First National Rehab Inc v Liberty Mutual Ins Co, No. 344097 (Mich. Ct. App. Oct. 19, 2018).