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September 2013

Sep 2013
20
September 20, 2013

MSC questions COA’s interpretation of “business use” exclusion in a “bobtail” auto-liability policy, granting leave

“Bobtail” policies only cover damages incurred when a commercial truck is not engaged in the business of hauling a trailer or under lease to a carrier.  In Estate of Hunt v. Drielick, the multi-vehicle accident occurred when the trucking company’s employee was on his way to a yard to pick up a load of cargo.  The insurance company denied coverage under the policy's "business use" exclusion, claiming the truck was under lease to or being used in the business of the yard at the time of the accident.

Sep 2013
20
September 20, 2013

COA rules the Right to Farm Act is an affirmative defense to zoning violations that defendant must prove by a preponderance.

In Lima Township v. Bateson, et al., the Michigan Court of Appeals concluded that the Michigan Right to Farm Act (“RTFA”) is an affirmative defense to alleged violations of local zoning laws, and that when employed as a defense, the party raising it must prove by a preponderance of the evidence that its challenged activities are protected under the RTFA.Ernest Bateson’s wife, Pamela Gough, purchased 30 acres of land in Lima Township.

Sep 2013
20
September 20, 2013

COA rules that standing requirements for putative fathers seeking DNA testing are constitutional.

In Grimes v. Van-Hook Williams, the Michigan Court of Appeals followed the plain language of the Revocation of Paternity Act and held that a putative father who knew that the child’s mother was married at the time of conception lacked standing to compel DNA testing to establish his paternity.

Sep 2013
18
September 18, 2013

MSC to consider whether trial court loses jurisdiction when criminal sentencing is delayed more than one year.

The Michigan Supreme Court has granted the prosecution’s delayed application for leave to appeal in People v. Smith, to address the jurisdictional implications arising out of a delayed sentencing.  In Smith, the Wayne County Circuit Court delayed the defendant’s sentencing hearing for over one year.  When the hearing was finally held, rather than enter a judgment of sentence, the trial court entered an order dismissing Mr. Smith’s conviction for attempted carrying a concealed weapon.

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