Matthew S. LaBeau

02/27/2020
Matthew S. LaBeau
Attorney

Matthew S. LaBeau

Attorney

Matthew S. LaBeau

Summary

Matthew 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. Matthew has extensive experience in defending catastrophic injury claims, including claims for attendant care, home modifications, and vehicle modifications, as well as consulting insurers regarding catastrophic claims prior to litigation. He has vast experience in all aspects of the litigation process from the discovery process through trial and routinely achieves successful results for his clients. Matthew 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.


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
Professional Activities
  • Association of Defense Trial Counsel (President from 2015-2016)
  • Michigan Defense Trial Counsel
  • Monroe County Bar Association
  • Oakland 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™
    • Rising Star (2012-2020)
Prominent Outcomes

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 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

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, “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)

The Second Phase of No-Fault Reform Is Now In Effect: What You Need to Know

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…

Matthew LaBeau Speaks at the Digital ICLE No-Fault Summit

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.

Attorney Matthew LaBeau Authors Article Entitled “On What Authority? DIFS Exercises Its Regulatory Power to Impact No-Fault Reform”

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…

Twenty-Three Collins Einhorn Farrell PC Attorneys Recognized by 2020 Super Lawyers®

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…

LOOKING DOWN THE ROAD AT CHANGES TO THE MICHIGAN NO-FAULT ACT prepared by Matthew S. LaBeau

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…

The Basics of Indemnity Law By Matthew S. LaBeau and Peter J. Tomasek

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 Obtain Summary Disposition in No-Fault Case

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 LaBeau Discusses Use of Claims to Prove/Disprove Damages During Trial at ICLE No-Fault Summit

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 Obtain Summary Disposition in No-Fault Case

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 Obtains Summary Disposition in Slip-and-Fall Case

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.

Attorney Matthew LaBeau to Speak at Upcoming ICLE No-Fault Summit in April 2018

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.

Attorney Matthew S. LaBeau joins the firm’s General and Automotive Liability Practice Group

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.

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