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Author: Michael Schwartz


16
Apr

COVID-19 Update: CARES Act

The CARES (Coronavirus Aid, Relief and Economic Security) Act was signed into law on March 27, 2020 in response to the health, economic and employment crises currently being wrought by the coronavirus pandemic.  One key feature of the CARES Act for small businesses (under 500 employees) is the “p[...]
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3
Nov

Michigan Court of Appeals Rules That Physician Who Is an Employee of a Party Cannot Demand Expert Witness Fee

Medical Expert Fee
In a recent opinion scheduled for publication, the Michigan Court of Appeals held that a medical doctor who is an owner/employee of a plaintiff medical provider is not entitled to be paid an expert witness fee for his deposition testimony. In Spine Specialists of Michigan, P.C. v. State Farm, Spi[...]
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23
Jun

Recent Opinion Confirms Right to Rescind No-Fault Policies Acquired through Fraud

zausmer august caldwell
In Bazzi v Sentinel Ins Co, a published decision, the Michigan Court of Appeals recently confirmed that the so-called “innocent third-party” rule did not survive the Michigan Supreme Court’s decision in Titan Ins Co v Hyten, which held that insurers can rescind policies due to fraud in the ins[...]
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29
Oct

When a No-Fault Release Fails to Protect an Insurer from a Medical Provider’s Claims

Release of Medical Provider Claims
In a recently published opinion, the Michigan Court of Appeals held that a release signed by an insured did not discharge a no-fault insurer’s liability where the insurer has received separate claims from a medical provider. In Covenant Medical Center v State Farm, State Farm’s insured (who w[...]
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