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 [...]
Category: Insurance Law
Michigan Supreme Court Rules Physical Custody of Children Per Court Order Under Child Custody Act Determines “Domicile” for Purposes of Allocating Priority of Coverage and Risk Sharing Among Automobile Insurers Under Michigan’s Automobile No-Fault Insurance Act
In a 4-3 opinion (authored by Justice Kelly and Joined by Chief Justice Young and Justices Cavanagh and Viviano) the Court addressed the meaning of the legal term “domiciled” in MCL 500.3114(1) of Michigan's No-Fault Automobile Insurance Act, which establishes the primary insurer for purposes of covering claims arising out of injuries from automobile accidents. [...]
Split Court of Appeals Disagrees Over “Good Cause” Requirement to Compel Independent Medical Examinations and Articulates Scope of Trial Court’s “Discretion” to Deny IME Requests
In this published 2-1 opinion (Murray, Boonstra, JJ, majority; M.J. Kelly, dissenting), the Court of Appeals reversed a trial court's denial of the defendant's request to compel plaintiff to submit to several new "independent medical examinations" (a/k/a "IME's") in her no-fault automobile suit against them. The opinion contains much commentary on the accepted practice of [...]
Michigan Supreme Court Rules on Causal Connection Required to Receive No-Fault Benefits in Addressing Whether Plaintiff’s 2008 Spinal Cord Injury Suffered in a Motorcycle Accident Due to a Seizure “Arose Out Of” 2007 Motor Vehicle Accident in which Plaintiff Suffered a Brain Injury that Induced Seizures
In this recent opinion, the Michigan Supreme Court in a (5-1 opinion (Justice Cavanagh dissenting and Justice Viviano not participating)), rules that a plaintiff who was rendered a paraplegic after he suffered a seizure resulting in a crash while riding a motorcycle in 2008 was not entitled to no-fault benefits from the defendant insurance company, [...]