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February 2017

Feb 2017
16
February 16, 2017

COA holds that a question of fact prevents summary disposition on a PIP claim based on an insurer's fraud exclusion

In Tyann Shelton v Auto-Owners Insurance Company, No 328473, the Court of Appeals affirmed the trial court's decision in holding an exclusionary provision that defendant's no-fault policy does not bar plaintiff's personal injury protection (PIP) claim. The defendant sought summary disposition based upon a fraud exclusion clause in its policy, asserting that plaintiff made fraudulent statements concerning her need for replacement services and so was excluded by the policy from all PIP benefits. The trial court granted summary disposition as to replacement services and denied the motion as to payment for medical services and from that ruling, defendant appeals by leave granted.

Feb 2017
08
February 08, 2017

MSC grants leave to appeal as to whether percentage allocation of premium contributions is a mandatory subject of bargaining

In Shelby Township v Command Officers Association of Michigan, No 323491, the Michigan Supreme Court granted leave to appeal to address bargaining requirements related to public employees’ contributions to medical benefit plans pursuant to the Publicly Funded Health Insurance Contribution Act and the Public Employment Relations Act. The Publicly Funded Health Insurance Contribution Act, MCL 15.561 et seq., limits how much public employers may pay toward healthcare costs for employee medical benefit plans.  

Feb 2017
06
February 06, 2017

MSC grants second MOAA on whether an order denying a motion to change schools is a postjudgment order affecting the custody of a minor

In Ozimek v Rodgers, No. 154776, the Michigan Supreme Court granted mini-oral argument as to whether an order denying the plaintiff mother’s motion to change the school was “a postjudgment order affecting the custody of a minor” and therefore a “final order” under MCR 7.202(6)(a)(iii). 

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