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Legal Updates


28
May

Michigan Court of Appeals Clarifies that Underwriting Guidelines are Not Part of the Insurance Contract

Danielle DePriest
In a recent unpublished opinion, the Michigan Court of Appeals affirmed summary disposition for an insurer, finding that the insurer was entitled to rescind an insurance policy based on the insured’s misrepresentation regarding her employment in the application for insurance. In Erica Kelley v [...]
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5
Apr

Michigan Court of Appeals Holds that No-Fault Priority Defenses are Not Waived if Absent from Initial Responsive Pleadings

In a recent unpublished decision, the Michigan Court of Appeals affirmed summary disposition for the defendant no-fault insurer. The Court examined three issues on appeal: (1) whether a no-fault priority defense is an affirmative defense that must be asserted in a responsive pleading; (2) whether th[...]
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31
Mar

Michigan Court of Appeals Holds that Trial Courts Lack Subject Matter Jurisdiction When Owners of Property Are Not Provided a Good Faith Written Offer Prior to Instituting a Condemnation Action

The Michigan Court of Appeals recently issued a published opinion in Board of County Road Commissioners for the County of Washtenaw v Shankle, which will significantly impact utilities in Michigan, increasing both the cost of acquiring property rights and the risk of owners successfully challenging [...]
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7
Mar

New Act Limits County Road Commissions’ Autonomy in Looming 5G Rollout

Late last year, the Michigan Legislature enacted the Small Wireless Communications Facilities Deployment Act (the “Act”), which will have a significant impact on municipalities’ ability to collect fees for new technology added to utility poles. The Act purports to streamline Michigan’s ro[...]
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4
Mar

Michigan Court of Appeals Finds Fraud Provision in Policy Triggered Even Though the Plaintiff Later Admitted to Fraud

In a recent unpublished opinion, the Michigan Court of Appeals affirmed summary disposition for the defendant insurer where the claimant misrepresented her abilities at her deposition, but later admitted that she had lied. In Marija Sabados v State Farm Mut Auto Ins Co., the plaintiff filed suit [...]
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26
Feb

Michigan Court of Appeals Offers Reminder that Requests for Admission are Not Meant to Establish the Merit of Claims

The Michigan Court of Appeals recently offered a reminder that Requests for Admission are meant to save resources by limiting the issues in dispute, and are not a means to litigate the merits of a party’s claims. In Malusi v Farm Bureau General Ins Co of Michigan, the plaintiff was struck by a [...]
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26
Dec

Federal District Court Holds that “Bodily Injury” Caused by a Drone is Excluded from Coverage under the Aircraft Exclusion

In a recent opinion, the United States District Court for the Central District of California held that the aircraft exclusion commonly found in commercial general liability policies unambiguously applied to exclude coverage for bodily injuries caused by a drone. In Philadelphia Indemnity Insuranc[...]
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18
Oct

Landowners Beware: Res Ipsa Loquitur Applies to Premises Liability Claims

In a recent published decision, the Michigan Court of Appeals confirmed that the doctrine of res ipsa loquitur is available to prove a circumstantial case of negligence based on a premises liability theory. The plaintiff in Pugno v Blue Harvest Farms, LLC, an air compressor technician, was visiti[...]
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19
Jul

Michigan Supreme Court Holds that Rescission of Insurance Policies Requires an Equitable Approach

DePriest ZAC
The Michigan Supreme Court recently released its opinion in Bazzi v Sentinel Ins Co, holding that insurers are not automatically entitled to rescind policies where fraud is identified in the policy application. Instead, rescission is an equitable remedy that must be left to the discretion of the tri[...]
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15
May

Covenant Update: Michigan Court of Appeals Holds Anti-Assignment Language in Insurance Policy Unenforceable

DePriest ZAC
In a recent published opinion, the Michigan Court of Appeals held that a medical provider is entitled to pursue no-fault PIP claims against an insurer based on an assignment of rights from a patient.  The court also held that an anti-assignment provision in an insurance policy is unenforceable beca[...]
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