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 [...]
Category: Insurance Law
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 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. The Governmental Tort Liability Act (GTLA) allows suit [...]
Court of Appeals Issue Yet Another Opinion Articulating Different View of “Causation” in Motorcycle Accident Coverage Under No-Fault Act
In Braverman ex rel Smutzki v Auto-Owners Insurance Company, the Court of Appeals issued another legal ruling on the extent or level of "involvement of a motor vehicle" in a motorcycle accident required under the No-Fault Act. In the past couple of months, the Court of Appeals has issued two other opinions, each of which seem [...]
Police Vehicle in Pursuit of Fleeing Motorcycle “Involved” in Motorcyclist’s Accident with Another Vehicle and County Liable to Participate with Auto Insurer in Reimbursement for Medical Care
In, State Farm v. MMRMA, the Michigan Court of Appeals addressed whether a police vehicle in pursuit of an uninsured motorcyclist who was fleeing was sufficiently “involved” in an accident between the motorcyclist and another vehicle such that the insurer of the latter vehicle (State Farm) could seek pro rata contribution from the county’s insurer, the Michigan Municipal [...]