I am writing an amicus curiae (friend of the court) brief on behalf of Wayne County and Michigan Townships Association, among others, in this public liability case in which the Supreme Court has granted the State of Michigan's application for leave to appeal to address whether "bodily injury" liability available against the government under the [...]
Category: Insurance and Indemnity
Bus Passenger’s Cause of Action Dismissed Against Transportation Commission – Court of Appeals Affirms Trial Court’s Judgment for Transportation Commission
In Palmer v. Blue Water Area Transportation Commission, the Court of Appeals affirmed a trial court's judgment of no cause of action against a governmental entity (here a transportation commission) in a suit by a bus passenger alleging negligence and gross negligence against the governmental entity and its employee, respectively. Plaintiff fell while boarding the bus. [...]
Supreme Court Denies Application to Consider Whether Noneconomic Damages are Available Under No-Fault Act Against Governmental Entities
In Hodges.v.City of Dearborn et al, the Court of Appeals reversed a trial court's decision to allow a suit to proceed against a governmental entity in a wrongful death, liability suit involving a collision between a police vehicle responding to a reported fire and the plaintiff's decedent's vehicle.  The Court of Appeals held the plaintiff's estate [...]
Supreme Court Grants to Consider Whether Governmental Entities are Liable for “Wage Loss” Damages Under No-Fault Act
The Michigan Supreme Court has granted leave to appeal to address whether the "motor vehicle" exception to governmental immunity allows parties to seek economic damages in the form of "wage loss", for bodily injuries arising out of motor vehicle accidents in which a governmental entity is involved. Â The Governmental Tort Liability Act (GTLA) allows suit [...]
Health Care Plan Provider’s Conspiracy / Scheme to Underpay Insurance Claims Submitted by Providers and Beneficiaries Not “Errors or Omissions” and Reinsurance Policies Covering Professional Liability Policies Not Implicated
In June, a Court of Appeals panel in Indiana issued an unpublished, and therefore, non-binding, opinion speaking to an issue that has significant relevance for several of our insurer and employer clients, and third-party claims administrators with whom we work.The insurance coverage case, Wellpoint, Inc., et al. v. National Union Fire Ins. Co., et al, arose out [...]