The Court of Appeals has released two cases that appear to undermine the meaning of the "statutory" "gross negligence" exception, MCL 691.1407(2) under Michigan's Governmental Tort Liability Act (GTLA). The GTLA, MCL 691.1401 et seq., provides immunity for law enforcement officers and other individual governmental employees engaged in the discharge of a governmental function and while [...]
Tag: automobile insurance
“No-Fault” Wage-Loss Benefits Required to Be Paid to Unemployed Claimant Suffering Disabling Injury at the Time of Auto Accident
In Jones v. Home Owners Ins. Co.COA, a 2-1 unpublished opinion, the Michigan Court of Appeals held that a claimant suffering disabling injury in an auto accident was entitled to no-fault wage-loss benefits under Michigan's No-Fault Act, characterizing her as "temporarily unemployed" under MCL 500.3107a. MCL 500.3107 of the No-Fault Act provides for first-party insurer "work-loss [...]
Supreme Court Declines to Address Court of Appeals’ Ruling Migrant Farm Worker Resided in Michigan for Purposes of No-Fault Insurance Coverage
The Michigan Supreme Court has declined to review an appeal of the Court of Appeals opinion in Lorenzo Tienda v. Integon National Insurance, which held that a migrant farm worker who maintained no permanent residency in any state resided in Michigan for purposes of the No-Fault Automobile Insurance Act's provisions addressing priority among automobile insurers for payment [...]
Supreme Court Clarifies Meaning of “Unlawful Taking” Under Exclusion in Michigan’s No-Fault Act for Motorcycle Accident Claims
As I had predicted in earlier posts, the Supreme Court has ruled that a motorcyclist who borrowed a stolen motorcycle, but did not know the motorcycle had been stolen, was entitled to benefits under Michigan's No-Fault Automobile Insurance Act, and the "unlawful taking" exclusion did not apply.  The Court issued its opinion yesterday in Rambin v. [...]
Supreme Court Poised to Address Damages Claims Against Government for Negligent Operation of Motor Vehicles
As I mentioned in a previous post, the Michigan Supreme Court issued a reconsideration and Grant Order, and a Consolidation Order, with respect to the Court of Appeals' decisions in Hunter v. Sisco, et al. and Hannay v. MDOT cases and will consider them together as calendar cases in the fall. This is turning out to be a significant case both for [...]