Zausmer Attorneys Present at 2022 Insurance Alliance of Michigan Claims Seminar

Several Zausmer attorneys presented at the Insurance Alliance of Michigan’s Insurance and the Law Seminar for Claims Professionals on September 19, 2022.

This year’s seminar covered topics such as premises liability, no-fault, fraud, and emerging Issues/discovery.

Shareholder James Wright presented on various challenges to recent no-fault legislation, including updates relating to the Court of Appeals’ Andary decision that invalidated reimbursement caps for medical and other care provided to accident victims who were injured before the 2019 no-fault amendments.

Shareholders Janetta Ksar and Cristy DeVos presented on new case law from the Michigan Court of Appeals and Michigan Supreme Court involving fraud, material misrepresentations, and rescission. Shareholders James Wright and Adam Post jointly presented a case study on defending a third-party bodily injury claim where the plaintiff had a limited medical history, lived in a rural area that prevented effective surveillance, and had no social media presence. Adam also showed how to discover third-party payment application data from providers such as Zelle and Venmo to uncover evidence that a claimant is working despite claims of severe injuries.

Shareholder Daniel I. Jedell presented on the “open and obvious” doctrine, and how the current state of premises liability jurisprudence is in flux with several cases pending before the Michigan Supreme Court.  Dan’s analysis focused on the Court’s consideration of whether to leave the current legal scheme intact or to adopt the Second or Third Restatement of Torts, how these changes could impact the burden of proof and comparative negligence issues, and how to successfully defend a premises liability case irrespective of how the issue is ultimately decided by the Court.

Shareholder Danielle DePriest presented on utilization reviews under the new No-Fault Act where insurers can institute a review process for questionable or overutilized treatment to investigate treatment and charges through the Department of Insurance and Financial Services (DIFS).

Associate Theresa Bodwin shared a PFAS Claims and Litigation Update around emerging issues and discovery. This presentation explained what PFAS is, what it can be found in, how people are exposed to PFAS, and how safe levels of PFAS. Theresa explained how this will impact insurance companies and that the litigation surrounding PFAS will likely increase substantially.

The Insurance Alliance of Michigan (IAM) is a leading voice and trusted source for property and casualty insurers in Michigan, representing the majority of auto, home, and business insurance companies across the state.

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