News & Analysis as of

No-Fault Insurance

Detroit News gets facts wrong on No-Fault car insurance reform

by Michigan Auto Law on

Detroit News editorial on reforming No-Fault law makes up facts, avoids reality of how No-Fault system works - The Detroit News at least got the title of its Tuesday editorial correct when it said, “Make auto insurance...more

FREEP exposes more auto accident attorney kickbacks, No-Fault fraud

by Michigan Auto Law on

Will newest allegations finally get Michigan Attorney Grievance Commission to look into auto accident attorney fraud, kickbacks and illegal solicitation of auto accident victims in Detroit?...more

No-Fault vs. health insurance: What’s the better choice for crash victims?

by Michigan Auto Law on

Health insurance is full of landmines for unsuspecting car crash victims, who are subject to ‘auto exclusions,’ coverage limitations, managed care, HMOs and medical pre-approval requirements and ERISA liens....more

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest...

by Dickinson Wright on

The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies...more

Who’s Liable for Accidents Caused by Medical Emergencies Behind the Wheel?

by Howard Ankin on

When a car accident occurs because of an unforeseen medical emergency behind the wheel, a driver can assert a “sudden medical emergency defense.” This defense relieves a driver of negligent liability and personal injury...more

Why car crash victims can’t get treated in many areas of MI

by Michigan Auto Law on

The Bahri decision is scaring doctors from treating car crash victims and their injuries. A real fix can only come from the Michigan Legislature....more

The Practical Import of the Carothers Decision on New York Practice Management Arrangements

by McDermott Will & Emery on

On April 5, 2017, the Appellate Division of the New York Supreme Court issued a decision in Andrew Carothers, M.D., P.C. v. Progressive Insurance Co., affirming a verdict by the lower court which allowed a defendant insurance...more

What to do when insurance companies insist on their case manager

by Michigan Auto Law on

An insurance company claim adjuster cannot override a car accident victim’s right to choose his or her own case manager. But that doesn’t mean some Michigan auto insurance companies won’t try to push hard to control an...more

Duggan’s new D-Insurance plans will be great for the auto accident lawyers, but terrible for everyone else

by Michigan Auto Law on

Does Mayor Duggan want to ‘repeal and replace’ Michigan’s auto No Fault law? Does Detroit Mayor Mike Duggan want to scrap Michigan’s auto No Fault law? Last night, during his State of the City address, the mayor...more

CMS’ Web Portal: Final Rule 21 CFR § 411.39 Promises Quick and Efficient Conditional Payment Resolution for Those Able to Abide by...

by Reed Smith on

The Centers for Medicare & Medicaid Services (CMS) has published its long-awaited final rule entitled “Medicare Program: Obtaining Final Medicare Secondary Payer Conditional Payment Amounts via Web Portal.” From the outset of...more

No Health Insurers Need Apply: Health Plan Can’t Recover Medical Costs From NY No-Fault Insurer

by Pullman & Comley, LLC on

Under no-fault laws, automobile policies typically must cover the cost of certain medical services provided to policyholders who have been injured in covered accidents. New York’s insurance laws also permit those costs to be...more

Important Court Decision For No-Fault Insurers -- Federal Court Rejects Argument To Limit Insurers’ Right To Seek Judicial Relief...

We are pleased to inform you of a very favorable recent caselaw development in the no-fault insurance area, in which our firm played a significant role. Specifically, on March 24, 2016, in the case of Liberty Mutual Fire...more

N.Y. High Court Denies Facility Fees for Office Surgery

by Faegre Baker Daniels on

New York State surgeons who operate in their offices took a hit on March 31, when that state’s highest court upheld a ruling that no-fault insurance companies are not required to pay a facility fee—only the professional fee....more

Defence & Indemnity - February 2016: A passenger who grabs the steering wheel is involved in the “use” or “operation” of the...

by Field Law on

Felix v. Insurance Corporation of British Columbia, 2015 BCCA 394, per Bennett J., Saunders J. and Stromberg-Stein J. - I. FACTS AND ISSUES - The plaintiff (“Felix”) was driving her car with her intoxicated...more

Is Florida a “No-Fault” State? — Why am I being sued after causing an accident?

Many Floridians who have caused automobile accidents and had personal injury claims brought against them have wondered why those claims were even allowed to be brought since Florida is considered to be a “No-Fault” state. ...more

Keeping it Basic: NJ Supreme Court Limits Amount Owed to Innocent Third Parties

by Carlton Fields on

The New Jersey Supreme Court recently held that an automobile insurer must pay an innocent third party the contracted $10,000 amount of basic coverage following an auto accident involving the insured’s vehicle, despite that...more

CMS Withdraws Proposed Medicare Secondary Payer Rule

by Cozen O'Connor on

On October 8, 2014, the Centers for Medicare & Medicaid Services (“CMS”) withdrew its Notice of Proposed Rule Making (“NPRM”) from the Office of Management and Budget that was to address how Medicare’s future interests should...more

Important Court Decision For No-Fault Insurers; Second Circuit Court Of Appeals Rejects Limitation On State Farm v. Mallela

We are pleased to inform you that our firm, together with our co-counsel Bob Stern of Stern & Montana, obtained a very favorable and significant decision for no-fault insurers on an issue of first impression at the appellate...more

Florida No-Fault Examination Under Oath Requirement – One of These Policies Is Not Like the Other

by Cozen O'Connor on

Due to changes effective January 1, 2013, the Florida Motor Vehicle No-Fault Law now codified the insured’s obligation to submit to an examination under oath (EUO). The newly amended statutory language explicitly states...more

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