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A Better Partnership

May 2017

May 2017
May 30, 2017

MSC holds municipal corporations that have not consented to MPSC jurisdiction are not subject to the MPSC’s first entitlement rule

In the consolidated cases City of Holland v. Consumers Energy Co., No. 151053, and City of Coldwater v. Consumers Energy Co., No. 151051, the Michigan Supreme Court held that a utility’s right to first entitlement, which gives the first utility company serving a facility the right to provide for the entire load to the customer, does not apply to municipally owned utilities that have not consented to the Michigan Public Service Commission’s (“MPSC”)  jurisdiction. Furthermore, the Court held that customers may receive electric utility services from municipal corporations provided that the customer is not currently receiving services from another utility.

May 2017
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
May 25, 2017

COA: If a fire truck has to try to drive safely—then so does a snowplow. There is no immunity from negligence claims while working on roadways

In Flanagin v. Kalkaska Co Road Comm'n, No. 330887, the Court of Appeals held that statutory provisions that allowed state vehicles to cross the centerline while engaged in work on a roadway would not provide immunity against allegations of negligence. While a snowplow may not be committing a moving violation when plowing by being over the centerline, they can still be negligent. The facts at issue indicated it was possible that the snowplow was between four and six feet over the centerline, and thus there was a genuine issue of material fact as to alleged negligent conduct justifying the trial court's denial of summary disposition.

May 2017
May 24, 2017

MSC grants MOAA to consider scope of landlord’s statutory duty to ensure that internal stairways are “fit for the use intended by the parties” and in “reasonable repair”

In Martin v. Milham Meadows, No.154360, the Michigan Supreme Court granted mini-oral argument as to whether reasonable minds could differ regarding whether an internal stairway, which was overly slippery because of the paint applied, was fit for its intended use and kept in reasonable repair. 

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