Legal Updates

Significant changes to the Fair Labor Standards Act (FLSA) are coming that will dramatically increase the number of salaried employees entitled to overtime pay. Despite efforts by the U.S. House of Representatives to push back the start date by six months, employers should act now before the new pro[...]
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A recent order from the Michigan Court of Appeals declares that, for now, insurers are entitled to rescind no-fault policies where there is fraud in the insurance application and trial courts may grant summary disposition of third-party claims if no genuine issue of material fact exists regarding a [...]
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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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In a unanimous ruling, the Michigan Supreme Court recently held in Hodge v. State Farm that absent evidence of bad faith, the jurisdiction of a state district court is based on the allegations raised in the pleadings, not evidence developed in pre-trial discovery proceedings or at trial. In Michi[...]
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A recent National Labor Relations Board decision appears to dramatically expand the interpretation and application of certain provisions of the National Labor Relations Act (“NLRA”) to handbook provisions and actions taken by non-union employers – with significant potential consequences for em[...]
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Two recent unpublished opinions from the Michigan Court of Appeals provide further clarification for premises liability cases as to what risks might be considered “open and obvious” and when those risks might contain a special aspect. In Shammout v. Kalamazoo Jaycee, et al., the court held th[...]
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Michigan law requires a person injured in an automobile accident to file an action for no-fault benefits within one year of the incident, but makes an exception if the insurer has paid benefits for the injury at any time before the action is commenced. According to a recent Michigan Supreme Court op[...]
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In a recent published opinion, the Michigan Court of Appeals held that although an insurer can suspend benefits when an insured fails to attend a scheduled Independent Medical Examination or Examination Under Oath, a suspension of benefits is not dispositive proof that benefits are not owed. In c[...]
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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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In a case that could have a far-reaching impact on uninsured motorist coverage, Michigan’s highest court is considering who qualifies as a vehicle’s “owner” under Michigan law. The Court has directed the parties in Harrell v. Titan Indemnity Company to submit supplemental briefing on whether[...]
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