Tag: insurance claims

The Constitution of the United States Prohibits Legislation Altering the Terms of Insurance Contracts to Force Provision of Coverage or Nullifications of Exclusions Under Commercial Policies – It’s a Two-Way Street – Cannot Impair the Obligation and Cannot Enlarge a Remedy or Create a Contractual Right that Would Not Otherwise Exist Under the State of the Terms of the Contract Before Legislative Alteration

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Can a state legislature force an insurer to cover a loss / risk where it is either not covered by the plain terms of the policy’s coverage provisions, or excluded by the policy’s exclusions and/or endorsements without violating the prohibition found in the United States Constitution against impairment of the obligations of contracts? Article I, [...]

Lawyer’s Weekly Chronicles Appellate Court Victory by Law Offices of Carson J. Tucker

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The lawyer's weekly recently published an article on the Menard v Imig case in which I successfully represented the Macomb County governmental defendants in the Court of Appeals, briefing and arguing this case addressing governmental immunity and the highway defect exception under the Governmental Tort Liability Act. Macomb County Road Department Not Liable  

Supreme Court to Consider “Residency” of Migrant Farm Workers Under No-Fault Act for Purposes of Priority of Insurance Coverage for No-Fault Benefits

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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) [...]

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

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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 [...]