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A Better Partnership

March 2017

Mar 2017
14
March 14, 2017

COA holds that proposed parenting-time change alters the established custodial environment.

In John Allen Lieberman v Kimberly Ann Orr, No. 333816, the Court of Appeals held the trial court erred in this child custody matter by granting plaintiffs motion for a change in physical custody. The Court held the trial court should have applied the legal standards set forth in Vodvarka to determine whether “proper cause” or a “change of circumstances” was sufficient to reopen the custody issue.

Mar 2017
06
March 06, 2017

COA holds that waiver doctrine will not be expanded to include risks not contracted for

Under Michigan law, an insurer waives a defense it fails to raise in a denial letter, the Michigan Court of Appeals held in Bartlett Investments Inc. v. Certain Underwriters at Lloyd’s London, No. 328922.  This is true even where the insured is not prejudiced by this waiver.  The waiver doctrine does not however apply to insurance disputes where application of the doctrine results in an expansion of the degree of risks undertaken by the insurer. 
 

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