Attorneys Kevin Moloughney and Kyle Smith obtained summary disposition for their insured client in the Wayne County Circuit Court. Plaintiff previously filed, and settled, a claim for PIP benefits against Westfield Insurance Company (WIC). He subsequently filed a claim for uninsured motorist (UM) benefits against WIC arising out of the same accident for which he…
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,…
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…
Recently, in Sholberg v Truman, the Michigan Supreme Court affirmed the notion that the title owner of real property isn’t always the same as one who is in “possession and control” for purposes of a public nuisance claim. Much like in cases of premises liability, if another party is exercising control over the property and…
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…
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…
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…
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…
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…
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…
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