In a recent published decision, Griffin v Trumbull Ins Co (Docket No. 344272), the Michigan Court of Appeals clarified the proper analysis for courts faced with priority issues in no-fault actions. If a higher-priority insurer is “identifiable” under one of the exceptions in MCL 500.3114, the claimant’s own insurer isn’t liable for no-fault benefits under...

Insurers frequently dispute the application of MCL 500.3114(3) (the employer-furnished vehicle exception) in cases involving commercial vehicles. In Miclea v Cherokee Ins Co (Docket No. 344694), the Michigan Court of Appeals clarified that an individual’s status as an independent contractor does not have any impact on whether the individual is an “employee” of another person...

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...

In Ravenell v Auto Club Ins Assoc, unpublished per curiam opinion of the Court of Appeals, issued October 15, 2020 (Docket No. 348436), the Court of Appeals considered NGM Insurance Company’s claim for reimbursement of mistakenly paid personal protection insurance (PIP) benefits from Auto Club Insurance Association (ACIA). The Court followed Amerisure Cos v State...

Comprehensive changes to MCL 500.3151—the statute governing insurer-requested physical and mental examinations under the no-fault act—have prompted insurers and attorneys alike to consider the potential impact that the amendments will have on independent medical evaluations (IMEs). But a reasoned interpretation of the amended statute does not require starting from scratch. Conveniently, the requirements now adopted...

In Campau v Renaud, unpublished per curiam opinion of the Court of Appeals, issued August 6, 2020 (Docket No. 347622), the Court of Appeals analyzed the reckless-misconduct standard in a case arising out of a youth soccer game. The Court’s analysis centered on Ritchie-Gamester v Berkley, 461 Mich 73; 597 NW2d 517 (1999), and it...

In Price v Austin, unpublished per curiam opinion of the Court of Appeals, issued April 30, 2020 (Docket No. 346145), the Court of Appeals upheld the trial court’s grant of summary disposition based on the sudden-emergency doctrine. The Court’s decision demonstrates that a defendant may rely on the doctrine to rebut the presumption of negligence...

Michigan law recognizes four types of invasion-of-privacy claims. In Foundation for Behavioral Resources v WE Upjohn Unemployment Trustee Group, ___ Mich App ___; ___ NW2d ___ (2020) (Docket No. 345415), the Michigan Court of Appeals recently clarified the elements for “false light invasion of privacy” (i.e., the cause of action for “publicity that places the...

A Whole New World: Advice for Remote Depositions If you’re anything like me, you spent the early days of the stay-at-home order pushing back a deposition or two, assuming that you’d be better off waiting until they could be conducted “properly” (i.e., in person). By now, it’s clear that we must adapt during these bleak...

In 2020, back pain isn’t just something that we experience as we social distance and sit on our couches watching a Tigers game instead of going to Comerica Park. It’s also one of the most common complaints that no-fault insurers see following an automobile accident. For years, the no-fault act has excluded certain chiropractic services...

In July 2020, the Michigan Court of Appeals issued Haydaw v Farm Bureau Ins Co (Docket No. 345516), an opinion with significant consequences for insurance companies defending against fraudulent claims. As explained in our earlier blog post, Haydaw held that an insurer can’t rely on an insured’s misrepresentations during discovery to void an insurance policy...

Parties argue about what is “reasonable” in nearly every legal context. The same holds true for no-fault litigation, especially when it comes to personal protection insurance (“PIP”) benefits. While the no-fault act itself and the supporting case law firmly establish that no-fault insurers are only obligated to pay reasonable charges, the act doesn’t define “reasonable.”...

In Duckworth v Cherokee Ins Co, ___ Mich App ___ ;___ NW2d ___ (2020) (Docket No. 347865), the Court of Appeals analyzed whether James Duckworth was an employee or independent contractor of Speed Express, LLC, to resolve a priority dispute between Speed Express’s no-fault insurer and Duckworth’s personal no-fault insurer. The Court held that trial...

In Redmond v Heller, ___ Mich App ___; ___ NW2d ___ (2020) (Docket No. 347505), the Michigan Court of Appeals held that several statements made on the internet about a funeral home and its staff constituted defamation per se. In other words, the internet isn’t quite the freewheeling “Wild West” as is often depicted. You...

Under the doctrine of equitable subrogation, a person who pays a debt primarily owed by a third party (the subrogee) is substituted in the place of the person for whom the debt is paid (the subrogor). The subrogee can then enforce the subrogor’s rights to obtain reimbursement from the responsible third party. In Esurance Prop...

In Life Skills Village, PLLC  v Nationwide Mut Fire Ins Co, ___ Mich App ___; ___ NW2d ___ (2019) (Docket No. 345237), the Court of Appeals emphasized the highly factual nature of determining whether a facility provides adult foster care services that trigger Michigan licensure requirements. The published opinion is important for ascertaining whether residential...

In Meemic Ins Co v Fortson, ___ Mich ___; ___ NW2d ___ (2020) (Docket No. 158302), released July 29, 2020, the Michigan Supreme Court held that the antifraud provision in Meemic Insurance Company’s no-fault policy was invalid and unenforceable as applied to coverage mandated by the no-fault act. The antifraud provision failed because it was...

Since the Michigan Supreme Court released its Covenant opinion[1] in 2017, Michigan courts have issued inconsistent decisions regarding a medical provider’s rights under an assignment after the assignor settles his claim for no-fault personal injury protection (PIP) benefits. The Michigan Court of Appeals heeded the calls for direction on this issue and approved Physiatry and...

It may be summer, but the consequences of wintertime fun are likely manifesting themselves now as legal claims. Michigan registers one of the highest numbers of snowmobilers in the country, second only to Wisconsin. Nearly 6,500 miles of State-groomed snowmobile trails cover the middle and northern parts of Michigan. In fact, in some parts of...

In early July 2020, the Michigan Court of Appeals held in Haydaw v Farm Bureau Ins Co, ___ Mich App __; ___ NW2d ___ (2020) (Docket No. 345516), that an insurer can’t rely on an insured’s misrepresentations during discovery to void an insurance policy under a fraud provision. Haydaw preserves insurers’ ability to void policies...

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...

In MemberSelect Ins Co v Flesher, ___ Mich App ___; ___ NW2d ___ (2020) (Docket No. 348571), the Michigan Court of Appeals considered the insurable-interest requirement for auto policies. It held that Kelly Fetzer had a sufficient interest in her adult son’s well-being to support her insurance policy, which covered a vehicle owned by and registered to...

Collins Einhorn Farrell is pleased to announce the launch of Driving Forward, a blog discussing the latest issues impacting automotive and general liability law.  The attorneys from our General and Automotive Liability practice group have obtained excellent results throughout the State of Michigan, and will be providing their perspectives on various legal issues.  The blog will...