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One Court of Justice Blog

Jun 2017
16
June 16, 2017

MSC broadens parked-car exception to the Michigan no-fault insurance act

In Daniel Kemp v. Farm Bureau General Insurance Company of Michigan, No. 151719, the Michigan Supreme Court of reversed the Court of Appeals and overruled Shellenberger v Insurance Co. of North America, holding that a man who had injured himself while unloading a bundle from his parked truck raised sufficient issues of material fact to survive a motion for summary judgment. 
 

May 2017
25
May 25, 2017

COA: A claim for "reimbursement" against medical providers under the Assigned Claims System is subject to a 2-year limitations period

In Citizens Ins Co of America v. University Physician Grp, No 328553, the Court of Appeals found when a plaintiff, seeking to enforce rights to indemnity or reimbursement, uses the word “reimbursement” in a complaint against a third party provider defendant(s) under the assigned claims system, the 2-year statute of limitations under MCL 500.3175(3) governs the proceedings.

May 2017
22
May 22, 2017

COA: Businesses that peripherally participate in auto maintenance and repair are not excluded from coverage under the No Fault Act

The Michigan Insurance Code excludes no-fault insurance liability for property damage only where the damage occurs at a business whose primary purpose is to provide maintenance and repair services for motor vehicles, said the Michigan Court of Appeals in Hastings Mutual Insurance Company v. Grange Insurance Company, No. 333193. The exclusion does not apply to a business that has primary purpose doing something else and only peripherally participates in vehicle repair and maintenance. 
  
In this case, although a farm barn was regularly used to provide repairs and maintenance to the farm’s vehicles as well as the vehicles of the family members, it did not change the primary purpose of the business from farming to vehicle repair business.

Apr 2017
17
April 17, 2017

To satisfy the no-fault act requirements, notice need not be in particular format or expressly identify a possible claim for benefits, says the MSC

In Perkovic v Zurich American Insurance, No. 152484, the Michigan Supreme Court held that the statutory notice period for seeking no-fault benefits is satisfied when documentation containing all the information required by Michigan’s No-Fault Act is provided to an insurance company by the medical provider that treated the insured.  The Court also held that notice does not need to inform an insurer of a potential claim, nor does a claim need to already have been filed for notice to be sufficient. 

Feb 2017
25
February 25, 2017

Back off the front-end loader: it is exempt from registration requirements under Michigan’s no-fault act

A front-end loader that has to travel about a quarter of a mile along a public road between work sites is exempt from the no-fault act’s registration and insurance requirements, said the Michigan Court of Appeals in Bergman v. Cotanche, No. 330438.  The vehicle was neither designed for nor used for the transport of people or property, and its travel over public roads was incidental to its main purpose—to plow snow.  The front-end loader thus fell under the statutory exemption for “special mobile equipment.”

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.

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