News & Analysis as of

Catastrophic Impairment

Why are Michigan Catastrophic Claims Costs Going Up Again?

by Michigan Auto Law on

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

Rep. Lucido’s Macomb Solution to get rid of Michigan’s Mandatory Car Insurance is Ludicrous

by Michigan Auto Law on

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

Bills to replace Michigan No Fault with pure tort liability insurance system introduced

by Michigan Auto Law on

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

Defence & Indemnity - An Analysis of Insurance Case Law and Legislation - April 2017

by Field Law on

I. INSURANCE ISSUES - A. The Alberta Court of Appeal reiterated that policies cover insured perils but not pre-existing deficiencies in the property that are not caused by the peril, but only discovered as a result of...more

Using the Affordable Care Act in Defense of Catastrophic Personal Injury Cases

by Wilson Elser on

Courts across the country are beginning to consider the argument that the Affordable Care Act (ACA) serves as a vehicle to limit a plaintiff’s claim for future medical damages. Plaintiffs often use exaggerated life care plans...more

A Child Suffering — A Family’s Pain

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

So Much for A Contingency Plan: Can the Florida Legislature Abrogate an Attorney’s Contingency Fee in Tort Claims Against the...

by Butler Snow LLP on

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

Fund management expenses in catastrophic personal injuries cases – awards on top of awards?

by DLA Piper on

The costs of managing awards of damages for catastrophic personal injury claims comprise one of the most significant heads of damage that a plaintiff is awarded. These costs often make up around 20% of the total award. ...more

‘The dictates of justice’ – the key to seperate

by DLA Piper on

The Supreme Court of New South Wales in Walsh v Walget Shire Council [2013] NSWSC 1434 recently rejected an application of a defendant to have a separate liability and quantum hearing in a catastrophic injury case. The...more

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