Insights

12 '19

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

December 12, 2019

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…

10 '19

Attorney Kyle Smith Authors Article Entitled ‘Everyone’s (Got) An Expert’

October 3, 2019

Hiro Adachi

Attorney Kyle Smith has authored an article for the State Bar of Michigan Negligence Law Section Quarterly entitled Everyone’s (Got) An Expert. The article provides insight as to how to effectively formulate an expert discovery strategy.

06 '19

AMENDMENTS TO THE AMENDMENT: FURTHER CHANGES TO THE MICHIGAN NO-FAULT ACT prepared by Matthew S. LaBeau

June 12, 2019

Hiro Adachi

INTRODUCTION On June 11, 2019, Governor Whitmer signed a bill into law that amended the no-fault reform legislation that was passed only recently, on May 30, 2019. Some of the changes are stylistic (i.e. renumbering paragraphs, changing “shall” to “must,” etc.) and are not substantive in nature. Other amendments provide effective dates for certain provisions…

05 '19

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

May 30, 2019

Hiro Adachi

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…

03 '19

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

March 12, 2019

Hiro Adachi

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…

02 '19

Attorney Michael Cook Authors Article Entitled “Is Your Brief Conversational? It Should Be.”

February 13, 2019

Hiro Adachi

Michael J. Cook, a shareholder at Collins Einhorn Farrell PC, has published an article in The Michigan Defense Quarterly “Is Your Brief Conversational? It Should Be.” Legal briefs are often written to sound non-conversational, filled with old dead words and phrases such as “henceforth” and “wherefore.” By removing these dead words and phrases from your…

01 '19

Attorney Trent Collier and Jonathan Koch have authored an article titled “Five Ways to Get to the Point”

January 18, 2019

Hiro Adachi

Attorneys Trent Collier and Jonathan Koch have authored an article for the January/February edition of Res Ipsa Loquitur titled “Five Ways to Get to the Point.” The article talks about 5 steps you should follow to make your legal briefs as readable and persuasive as possible. https://ceflawyers.com/wp-content/uploads/2019/01/January-February-2019.pdf

01 '19

Attorney Kyle Smith Authors Article Entitled ‘A Young Lawyer’s Survival Guide’

January 17, 2019

Hiro Adachi

Attorney Kyle Smith has authored an article for the State Bar of Michigan Negligence Law Section Quarterly entitled ‘A Young Lawyer’s Survival Guide.’ The article examines unique challenges young lawyers face during their transition from law school to private practice.

07 '18

Attorney Matthew LaBeau Authors Article Entitled “Consider Removing Your Next PIP Case to Federal Court”

July 24, 2018

Hiro Adachi

Attorney Matthew S. LaBeau has published an article in the Journal of Insurance and Indemnity Law entitled “Consider Removing Your Next PIP Case to Federal Court.” The article explores the procedural and strategic considerations involved in seeking a removal of a claim for first-party no-fault benefits. For more information, click on the headline.

07 '18

Michigan No-Fault Update: Bazzi v Sentinel Ins Co — Supreme Court Decision

July 23, 2018

Hiro Adachi

It’s a long-standing principle that no-fault insurers can assert common-law defenses, such as fraud in the application, in order to obtain rescission of a policy and avoid liability for payment of benefits on a claim. If a policy is rescinded, it’s as if the policy was never issued in the first place.

The innocent-third-party rule was a judicially created exception to this principle. Under the rule, insurers couldn’t use the defense of fraud in the application against a third party (that is, someone other than the policyholder) making a claim under a policy. The reasoning was that, because the third-party claimant didn’t commit the fraud, it was unfair for insurance companies to rescind the policy based on fraud.

We take a look at the recent Michigan Supreme Court decision in Bazzi v Sentinel Ins Co, and what this means for insurance companies moving forward. Click the headline for further details.

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