Yesterday, I filed an amicus curiae brief on behalf of the Michigan Townships Association, Oakland County, Macomb County, and Wayne County to challenge the Court of Appeals' decision in Hannay v. Michigan Department of Transportation. There the Court of Appeals ruled that "bodily injury" damages available against the government for injuries arising from the negligent operation of a [...]
Category: Insurance and Indemnity
Supreme Court to Consider “Residency” of Migrant Farm Workers Under No-Fault Act for Purposes of Priority of Insurance Coverage for No-Fault Benefits
Yesterday, the Michigan Supreme Court ordered oral argument on an insurer's application to consider the question of whether a migrant farm worker Salvador Lorenzo (Lorenzo) who maintained no permanent residency but spent time in North Carolina, Florida and Michigan every year was a "resident" of Michigan at the time passengers riding in his vehicle (Plaintiffs) [...]
Michigan Supreme Court Denies Leave in Two of Three Cases Pending to Address Legal Causation Under No-Fault Act for Motorcycle Accidents
Last week I filed an amicus curiae (friend of the court) brief in the State Farm v. MMRMA case pending on application to the Michigan Supreme Court. As I mentioned in my last post, there were two other cases, both pending on applications to the Court, which asked the Court to deal with the same [...]
Supreme Court Amicus Brief Filed in State Farm v. MMRMA Case Considering Whether Police Vehicle Pursuing Speeding Motorcyclist Sufficiently “Involved” In Motor Vehicle Accident to Require Apportionment of Liability Among No-Fault Insurance Carriers
I filed an amicus curiae brief on behalf of Oakland County, Macomb County and Wayne County in this case, urging the Supreme Court to grant Michigan Municipal Risk Management Authority's application or, alternatively, to reverse the Court of Appeals. My brief is attached here: Supreme Court Amicus Curiae Brief for Oakland, Wayne and Macomb Counties stamped [...]
Supreme Court Denies Challenge to Court of Appeals Holding that Term “Bodily Injury” in Motor Vehicle Exception to Governmental Immunity is Limited to Medical Damages for Corporeal Injury to Body and Does Not Encompass Non-Economic Tort Damages
In an order issued yesterday, Hunter v. Sisco.sct.order.11.20.2013, the Michigan Supreme Court denied an appeal challenging the Court of Appeals published opinion, which held the term "bodily injury" in the statutory provision known as the motor vehicle exception to governmental immunity in the Governmental Tort Liability Act (GTLA), MCL 691.1405, does not encompass non-economic tort damages, such [...]