Tag: insurance policies

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, [...]

Supreme Court Amicus Brief Filed in State Farm v. MMRMA Case Considering Whether Police Vehicle Pursuing Speeding Motorcyclist Sufficiently “Involved” In Motor Vehicle Accident to Require Apportionment of Liability Among No-Fault Insurance Carriers

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I filed an amicus curiae brief on behalf of Oakland County, Macomb County and Wayne County in this case, urging the Supreme Court to grant Michigan Municipal Risk Management Authority's application or, alternatively, to reverse the Court of Appeals.  My brief is attached here:  Supreme Court Amicus Curiae Brief for Oakland, Wayne and Macomb Counties stamped [...]

Court of Appeals Enforces Indemnity Agreement’s Duty to Defend Provision and Affirms Imposition of “Reasonable Settlement” Upon Nursing Services Company that Refused to Defend Hospital After Hospital Provided Notice

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This opinion provides a classic example of the consequences of an indemnitor ignoring or refusing to take up the defense and then participate in a contractual indemnitee's settlement discussions against a plaintiff in an underlying lawsuit. The plaintiff in this case, the hospital, entered into an agreement with a nursing staff company, the defendant, wherein [...]