Tag

Insurance Coverage

The Michigan Supreme Court construes a “business-use” exclusion

Michigan law requires courts to construe insurance policies as a whole, giving effect to any unambiguous language. These principles are often easier to state than to apply. The Michigan Supreme Court’s recent opinion in Hunt v. Drielick is a case in point. In Hunt, the Court addressed a “business-use” exclusion in a “Insurance for Non-Trucking…

Insurers asserting fraud as a defense to liability under a homeowner’s insurance policy must prove fraud by a preponderance of the evidence, not “clear and convincing” evidence.

In Stein v Home-Owners Insurance Company(October 17, 2013), the Michigan Court of Appeals held that, when an insurance policy contains a clause voiding coverage in the event of fraud by the insured, the insurer need only meet the “preponderance of the evidence” standard rather than “clear and convincing evidence.” The plaintiff in Stein owned a…

The Michigan Court of Appeals applies a property insurance policy’s residence requirement, and rejects waiver and estoppel arguments

In Null v. Auto-Owners Insurance Company, the Court of Appeals concluded that an insurer properly denied coverage based on the insured’s violation of a residence requirement, even though evidence suggested that the insurer knew the named insured had changed his address. The plaintiff and her late husband were buying a home from the plaintiff’s brother-in-law,…

Brian Einhorn sworn in as 79th president of the State Bar of Michigan

Brian D. Einhorn, a founding member of Collins Einhorn, was sworn in as the 79th president of the State Bar of Michigan on September 19, 2013. Brian has been practicing law for over forty years and focuses his practice on professional liability defense, including the defense of legal malpractice actions. He also defends lawyers and…

DBusiness lists nine Collins Einhorn attorneys as Top Lawyers

Nine Collins Einhorn attorneys were named “Top Lawyers” in 2013 by DBusiness: David C. Anderson was listed for legal malpractice, insurance litigation, and professional malpractice. Theresa M. Asoklis was listed for legal malpractice law. Geoffrey M. Brown for appellate law. Donald D. Campbell was listed for legal malpractice law and professional malpractice law. Brian D….

13 Collins Einhorn attorneys listed among Michigan’s 2013 Super Lawyers

The following Collins Einhorn attorneys were listed as “Super Lawyers” in their respective fields: Appellate law: Geoffrey Brown, Deborah Hebert, and Noreen Slank Employment litigation defense: Janice Hildenbrand and Robert Tice(not pictured) Insurance coverage: Timothy Casey Personal injury defense: Clayton Farrell Professional liability defense: David Anderson, Theresa Asoklis,Brian Einhorn, Melissa Graves, and Michael Sullivan In…

Ten Collins Einhorn attorneys listed in 2014’s “Best Lawyers in America”

Ten Collins Einhorn attorneys were selected by their peers for inclusion in 2014’s Best Lawyers in America: David C. Anderson (legal malpractice law and professional malpractice law) Theresa M. Asoklis(professional malpractice law) Donald D. Campbell (ethics and professional responsibility law) Timothy F. Casey(insurance law) Brian D. Einhorn(legal malpractice law, professional malpractice law, product injury litigation,…

An insurance agent assumes greater liability by providing advice about insurance coverage

When an insurance agent steps out of his or her traditional role of “order-taker” into that of insurance advisor, a special relationship is formed in which the agent assumes additional duties to the customer — and greater potential liability. In Zaremba Equipment, Inc. v. Harco National Insurance Company (2013), an insurance agent acquiring a policy…

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