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Case Outcomes
Featured News

CEF obtains historic Supreme Court decision overruling “Denney damages”

The Michigan Supreme Court ended its term with a historic decision, overruling so-called “Denney damages.” Collins Einhorn attorney Michael Cook represented the defendants in the Supreme Court and successfully argued for the overruling. In 2016, the Michigan Court of Appeals dramatically changed Michigan law on wrongful-death damages in a case named, Denney v Kent County...
The Michigan Supreme Court ended its term with a historic decision, overruling so-called “Denney damages.” Collins Einhorn attorney Michael Cook...
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Featured News

Attorney Christopher Petrick Obtains Dismissal of Breach of Contract Claim in an Insurance Coverage and Indemnity Dispute

Collins Einhorn Farrell PC attorney Christopher Petrick recently successfully defended an insurance carrier in an insurance coverage and indemnification dispute.  The underlying case involved a dog bite incident in which ownership of the dog was in dispute between a rescue agency and one of their fosters.  The underlying case proceeded to trial, and the jury...
Collins Einhorn Farrell PC attorney Christopher Petrick recently successfully defended an insurance carrier in an insurance coverage and indemnification dispute. ...
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Case Outcomes

30
06 '15

Court Dismisses Snow Removal Contractor from Premises Liability Case

June 30, 2015

Attorneys Kevin P. Moloughney, Kari L. Melkonian and Michael J. Cook successfully moved for summary disposition on behalf of a snow removal contractor in a premises liability matter in the Wayne County Circuit Court. The Court dismissed the plaintiff’s claim on the basis that the snow removal contractor owed no duty under the circumstances.

10
06 '15

Attorneys Brian D. Einhorn and Colleen H. Burke Obtain Summary Disposition For Local Assistant City Attorney

June 10, 2015

Attorneys Brian D. Einhorn and Colleen H. Burke were successful in obtaining summary disposition in favor of their client, an assistant city attorney who was sued for malicious prosecution and abuse of process in Oakland County Circuit Court.

22
05 '15

Collins Einhorn attorneys obtain Court of Appeals opinion affirming summary disposition in legal malpractice case arising from homeowners’ policy claim

May 22, 2015

After obtaining summary disposition in favor of their clients, Collins Einhorn Farrell PC attorneys, Theresa Asoklis and Michael Cook, obtained a Court of Appeals opinion affirming the trial court. The plaintiffs sued their former attorneys after the plaintiffs’ insurer denied their claim for the replacement cost of a house that was destroyed in a fire….

24
02 '15

Broken Harts

February 24, 2015

The Michigan Supreme Court’s opinion in Harts v Farmers Insurance Exchange (1999), established what seems like a simple rule. An insurance agent generally has no duty to advise insureds about the adequacy of coverage. Absent one of the four “special relationships” described in Harts, an insurance agent is just an order-taker. This rule is partly…

30
11 '14

Attorneys Brian D. Einhorn and Collen H. Burke Obtain Summary Disposition in Estate Contestation Case

November 30, 2014

In November 2014 attorneys Brian D. Einhorn and Colleen H. Burke obtained summary disposition in an estate contestation case. The wife who was also a trust beneficiary, brought claims of legal malpractice and breach of fiduciary duty against the attorney for the personal representative of the estate. Einhorn and Burke filed a motion arguing that…

30
10 '14

Moloughney and Smith Obtain Summary Disposition for Insurance Carrier Client in Wayne County Circuit Court

October 30, 2014

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…

22
10 '14

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

October 22, 2014

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,…

10
10 '14

No-fault insurance policies cover people, not vehicles.

October 10, 2014

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…

29
09 '14

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

September 29, 2014

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…

25
08 '14

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

August 25, 2014

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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