legislative abrogation Archives

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

on May 2, 2020May 3, 2020 By Carson J Tucker, JD MSEL

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, [...]

Michigan Supreme Court Issues Opinion Articulating Its Constitutional Limitations and Authority in Changing the Common Law

on March 24, 2013May 12, 2020 By Carson J Tucker, JD MSEL

In Price v. High Pointe Oil Co, Inc., the Michigan Supreme Court provides a clear pronouncement on the constitutional limitations and legitimate authority the judiciary has to change the common law. In doing so, the Court refused to extend as a common-law rule the view that a plaintiff may recover non-economic damages (i.e., mental and emotional [...]

Michigan Supreme Court Holds Non-Economic (Mental Anguish) Damages Are Not Recoverable for Destruction of Property

on March 22, 2013May 12, 2020 By Carson J Tucker, JD MSEL

This case, released on March 22, 2013, holds that the common-law rule is that non-economic damages may not be recovered for destruction of property. The case sets important parameters with respect to the current court's view of when and how the common-law should be adhered to, and how it should go about being changed. This [...]