In Younkin v Zimmer et al, a 2-1 published opinion by the Court of Appeals, the Court affirmed a trial court's decision to issue a writ of mandamus requiring workers' compensation claims to be heard in the locality where the injury occurred in accordance with MCL 418.851.  The majority holds that the Michigan Legislature "limited the [...]
Tag: insurance
Michigan Supreme Court Concludes Judgment Entered on Motion is a “Verdict” Sufficient to Invoke Case Evaluation Awards and Costs Provision of Michigan Court Rules
Yesterday, in Acorn Investment Co v. Michigan Basic Property Insurance, the Michigan Supreme Court issued an opinion clarifying a point that has been in contention for quite some time regarding the meaning of the term "verdict" under Michigan Court Rule (MCR) 2.403(O), for purposes of determining when a trial court may issue an award of case [...]
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. [...]
Retail Storeowner’s to Face Challenge on Unsafe Aisle Claim in Premises Liability Suit
The Michigan Court of Appeals has issued a 2-1 published opinion and requested a conflict panel under Michigan Court Rule 7.215(J)(2) to address whether retail store owners owe a duty to keep aisles reasonably safe in a case in which the plaintiff tripped over a protruding end-cap platform.  In Quinto v. Woodward Detroit CVS, et al., [...]
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 [...]