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Court of Appeals: negligent-procurement claims are subject to a three-year period of limitations

Insurance agents are licensed professionals. They have to complete accredited coursework and pass a licensing examination. But the Michigan Court of Appeals recently decided that that isn’t enough to give them the protections of the shorter limitation period for malpractice claims (2 years). Instead, in Stephens v Worden Insurance Agency, LLC, the Court held that,…

No-fault insurance policies cover people, not vehicles.

Michigan’s no-fault insurance law is grounded in the 1972 no-fault act. But the Michigan legislature couldn’t anticipate every potential issue when it drafted and revised that legislation, so there are many judicial decisions interpreting the act. Although these cases can be confusing to attorneys and laypeople alike, there are a few bright-line rules. Michigan courts…

Can an insurer (accidentally) breathe life into a long-dead PIP claim by making a payment?

Statutes of limitation are great, or terrible, depending on which side of the “v” you’re on. They exist to prevent stale lawsuits. They basically say, “You can’t wait forever to sue someone.” But in Jesperson v Auto Club Insurance Association, the Court of Appeals had to decide whether a single payment of an insurance benefit…

The case-within-a-case doctrine spells the end for a plaintiff’s legal malpractice lawsuit

Legal malpractice lawsuits in Michigan are subject to the case-within-a-case doctrine. This rule applies when a plaintiff alleges that she was unable to pursue an underlying claim because of an attorney’s malpractice. It holds that a plaintiff can recover in malpractice only if she can prove that the underlying claim would have been successful. In…

The Michigan Court of Appeals applies two well-established rules to reject an apartment tenant’s negligence claims

Lawyers use the terms “black-letter law” and “hornbook law” to refer to legal principles that have become well-established over the years. These principles often begin life as a holding in a single case, and are then reapplied and refined in subsequent cases. Eventually, they are so entrenched that they can be taught as actual rules…

Joint enterprise theory of liability not viable where each attorney does not have an equal right to control the client’s legal representation and joint responsibility for decision-making

Originally printed in Michigan Defense Quarterly, July 2014 edition. Souden v Attorney Defendant, unpublished opinion per curiam of the Court of Appeals, issued April 17, 2014 (Docket No. 314143) The Facts: Plaintiff sued to divorce his wife in Berrien County. Plaintiff retained the attorney defendant and, against the attorney defendant’s advice, plaintiff voluntarily dismissed his…

Notices of Intent and the 182-Day Waiting Period

Originally printed in Michigan Defense Quarterly, July 2014 edition. An application for leave to appeal the Court of Appeals’ decision in Furr v McLeod is currently pending before the Michigan Supreme Court. This opinion was issued by a special panel of the Court of Appeals convened after the court declared a conflict with Tyra v…

Over Forty Percent of Collins Einhorn Farrell PC Attorneys Recognized by Super Lawyers©

Collins Einhorn Farrell PC announced today that 13 attorneys have been named to the 2014 Michigan Super Lawyers list. An additional 4 attorneys were named to the 2014 Michigan Rising Stars list. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a…

The “prison mailbox rule” doesn’t save a prisoner’s untimely legal malpractice complaint

It’s beyond dispute that prisoners have a constitutional right to access courts. But in Dayson v. Meinberg, the Michigan Court of Appeals upheld the notion that this right of access doesn’t exempt prisoners from statutes of limitations—even when a prisoner’s complaint would be timely under the “prison mailbox” rule. Dayson, a prisoner in the Michigan…

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