Insurance Legal News - September 2012 • Volume 5, Number 2

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In This Issue:

- HEALTH CARE REFORM MOVES FORWARD

- MICHIGAN JOINS STATES AUTHORIZING INSURERS’ USE OF CREDIT INFORMATION

- SIXTH CIRCUIT FINDS “ACTUAL CHARGES” TERM AMBIGUOUS; HOLDS INSURER LIABLE FOR FEES BILLED RATHER THAN ACCEPTED AS PAYMENT

- EASTERN DISTRICT OF MICHIGAN HOLDS MICHIGAN’S ADMINISTRATIVE RULES PRECLUDE DENIALS BASED ON DISCRETIONARY CLAUSES IN DISABILITY BENEFITS PLANS

- MICHIGAN COURT OF APPEALS FINDS INSURER’S TOLLING PROVISION VOID AS IN CONTRAVENTION OF THE INSURANCE CODE

- Excerpt from MICHIGAN COURT OF APPEALS FINDS INSURER’S TOLLING PROVISION VOID AS IN CONTRAVENTION OF THE INSURANCE CODE -

In a published decision, Smitham v State Farm Fire & Cas Co, 2012 Mich App LEXIS 1574 (August 9, 2012), the Michigan Court of Appeals held that an insurance policy’s tolling provision was void as it contravened the tolling provision mandated by the insurance code.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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