In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines)...more
Before we start breaking out the bottles of champagne to celebrate the Michigan Catastrophic Claims Association’s announcement that it will reduce its MCCA fee by 55% from $220 to $100 under the new No-Fault law, I think we...more
The U.S. House of Representatives is considering a long-overdue increase in commercial truck insurance requirements, bringing the minimum liability limit up from $750,000 to nearly $5 million....more
An insurer defending a claim against an insured that could exceed policy limits has a good faith obligation to settle the claim if possible. Failure to do so puts a nonsettling insurer at grave risk. An Eleventh Circuit...more
Catastrophically injured car crash victims are concerned about how the new, rushed, and poorly drafted No-Fault law could affect the vital medical benefits coverage they receive through the Michigan Catastrophic Claims...more
There are big changes coming to what is required for motorcycle insurance in Michigan under the new No-Fault law. These changes take place July 1, 2020, and involve the following four important areas...more
A recent personal injury verdict in Brooklyn is one of the largest ever awarded to a single plaintiff in New York state. The verdict highlights the utility of two procedural tools available to defendants facing excessive...more
Now that we have a new Michigan No-Fault insurance law, most people will be disappointed that Auto No-Fault reform will fail to deliver any meaningful, long-term savings. Politicians – the Republicans in the Legislature,...more
More than any other question, the one I’ve been now asked the most since the Legislature passed No-Fault reform last Friday is how the new Michigan No-Fault law will affect attendant care. ...more
The new Michigan No-Fault law was passed by the Michigan Legislature today. Lawmakers in the House of Representatives voted 94 to 15 in favor the No-Fault reform plan in Senate Bill 1 and the Senate concurred by a vote of 34...more
House Bill 4397 to replace No-Fault with fault based system in tort, where crash victims would sue for medical expenses, lost wages due to injury...more
Drivers’ auto insurance costs to go up after MCCA fee increased to $220, prompting governor to order MCCA audit by Insurance Commissioner because drivers deserve ‘transparency’ - Why did the MCCA fee jump 15%? To find out,...more
Instead of providing specifics, Senate Republicans use Senate Bill 1 to grandstand on auto No-Fault reform - Senate Bill 1 was introduced by Sen. Aric Nesbitt (R-Lawton) on Tuesday. But in reality Senate Bill 1 is...more
Michigan House Republicans are planning a vote, perhaps as early as today – but I’ve just heard it is more likely to take place tomorrow – on new No-Fault reform legislation in lame duck. It is anticipated that lawmakers in...more
We deserve to know why MCCA catastrophic coverage costs are again going up; political opportunism suspected behind latest hikes - The cost of catastrophic coverage from the Michigan Catastrophic Claims Association (MCCA)...more
So-called “Macomb Solution” to get rid of mandatory car insurance in Michigan and allowing drivers to elect to be uninsured is epically bad idea; financial ruin if a car crash occurs - Macomb County Rep. Pete Lucido’s...more
Here is what a pure tort liability system will mean for car accident victims and drivers in Michigan - Yesterday House Republicans introduced legislation to repeal Michigan’s 45-year-old No Fault auto insurance law and...more
As adult-children, sisters, brothers, and friends, chances are you may be asked to be surrogate for a loved one at some point in your life. If not, someone probably will ask you to weigh in on what to do when medicine can...more
Like many states, Florida has only partially waived its sovereign immunity by statute. Thus, a plaintiff’s recovery against the state is generally limited to no more than $200,000 per incident. This statutory cap, however,...more