Suspense builds as the end of the Michigan Supreme Court’s 2023-2024 term approaches quickly, with scores of argued appeals still unresolved. The 40 appeals that remain undecided reveal interesting trends in the court’s...more
Most pandemic-related businesses interruption insurance claims failed because policyholders could not show a direct physical loss. But some California courts issued conflicting decisions. The California Supreme Court has now...more
Car insurance plays a crucial role in protecting drivers and their finances after an accident. It provides financial support for medical bills, lost wages, and car repairs. However, a recent Michigan Supreme Court decision in...more
Lost Business Income Not Covered Because Not Caused by Direct Physical Loss Or Damage, Third Department Finds- 87 Uptown Road, LLC owned an apartment complex with 11 apartment buildings in Ithaca, New York, which were...more
Navigating insurance matters can feel like a hassle, and it's a part of life that most of us will encounter sooner or later. Picture this: you've been in a fender bender, and your first thought is, "Who do I tell? What should...more
Anyone injured in an accident allegedly caused by the negligence of another can sue for pain caused by the injury. The increasing number of surgeries injuries from accidents is now a major focus of defendants and the...more
We begin with three state supreme court decisions answering these questions: • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more
1. German Federal Court of Justice rules on reimbursement of disputed workshop invoices by insurance companies - On 16 January 2024, the German Federal Court of Justice (Bundesgerichtshof, “BGH”) decided five cases, all...more
Recently, in Centria Home Rehab., LLC v. Allstate Ins. Co., ____ Mich. App. _____, Mich Ct. App. Docket No. 363699, unpublished citation 2023 Mich. App. LEXIS 7744 (October 26, 2023), approved for publication December 14,...more
Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more
If you have been injured in an accident, then you can expect to be contacted by the defendant’s insurance adjusters in short order. While most people are aware that dealing with insurers is an important part of personal...more
Eric R. Cruz v. Security National Ins. Co., Circuit Court, 17th Judicial Circuit in and for Broward County, Case No. CACE 20-00612 (07), Feb. 24, 2023 - The trial court granted the defendant’s motion to dismiss the...more
GEICO, et al. v. Caring Pain Management PC, et al., Case No. 2:22-cv-05017(BRM)(JSA) 2023 WL 3749984 (U.S.D.C. District of New Jersey May 31, 2023) - The defendants (a series of medical providers) filed a motion to dismiss,...more
Mental state, in some form, is the common theme running through our first three cases this month. The Fifth Circuit decides whether directors and officers of an ice cream company, accused of breaching their fiduciary...more
Insurance coverage is an important aspect of any personal injury case. The process of dealing with insurance adjusters can be complicated. This level of complication can be magnified for a number of reasons in truck accident...more
Florida is in a minority of states which employ a “no-fault” personal injury system. This results in car accident victims first having to file a claim against their own insurance before submitting a claim to a defendant’s...more
This year began like the last one ended, with lots of activity. Total loss class actions kept going around the country, and labor depreciation class actions experienced ups and downs, depending on one’s viewpoint. New class...more
Question: I read an article the other day describing the use of an assignment of benefits form. The article said that having patients sign this form is beneficial. It would result in his or her dental plan paying me the...more
Court Finds That Named Insured “Executed” Contract With Additional Insured, Triggering Duty To Defend- Stoncor, a flooring systems manufacturer, sent Surfacesys a proposed Master Installation Agreement to become an...more
If you’re going to be taking a road trip outside of Michigan, it is important to know what your legal rights are in the event that you are involved in an out-of-state auto accident. Can you sue the at-fault driver who...more
The Supreme Court of Florida issued a significant decision regarding the calculation of personal injury protection (PIP) benefits in MRI Associates of Tampa, Inc., etc. v. State Farm Mutual Automobile Insurance Company;...more
The Michigan No-Fault Auto Insurance Reform Act, effective July 1, 2021, introduced a fee schedule of set percentage limits on how much doctors, hospitals, clinics, institutions, and persons can be paid or reimbursed for...more
Court rules that a car accident victim’s Michigan insurance application must describe the nature of the injury, which may include symptoms traceable to an injury - Every person injured in a car accident in Michigan who will...more
Michigan auto No Fault insurance is expensive. If you’re planning on moving out of Michigan and becoming a resident of another state, you’re probably looking forward to insuring your car in your new state and cancelling your...more
Florida’s status as a no-fault state may be coming to an end as the legislature sends Senate Bill 54 to the desk of Governor Ron DeSantis. Florida is one of the minority of states that requires motor vehicle owners to carry...more