NAME: Matthew Burchard v Treetops Acquisition Company, LLC COURT / JUDGE: Otsego County Circuit Court; Michigan Court of Appeals ATTORNEYS: Plaintiff: Gregg Herman of Gregg E. Herman, P.C. & Mark...

Case Name: Andary v. USAA Casualty Insurance Company et. al. Court: Michigan Supreme Court Issued: July 31, 2023 INTRODUCTION On July 31, 2023, the Michigan Supreme Court issued its 5-2 decision...

The End of Open and Obvious as We Know it: Lugo Overruled Name: Kandil-Elsayed v F & E Oil, Inc. & Pinksy v Kroger Co. of Mich Court: Michigan Supreme Court Issued: July 28, 2023 INTRODUCTION...

A Return to Tolling: The Court of Appeals leaves PIP Insurers on Guard About Denials Name: Encompass Healthcare, PLLC v. Citizens Insurance Company Court: Michigan Court of Appeals Issued: November...

Name: Andary v. USAA Casualty Insurance Company et. al. Court: Michgian Court of Appeals Issued: August 25, 2022 INTRODUCTION The Michigan Court of Appeals recently issued an opinion in Andary v....

IME Conditions may Include Video Recording CASE INFORMATION Name: Schaumann- Beltran v. Gemmete Court/Judge: Michigan Supreme Court – Order on Application for Leave to Appeal. Issued: May 13, 2022...

MICHIGAN NO-FAULT UPDATE: CLAIMS HANDLING AFTER AN IME Name: RAMIREZ C. HOME-OWNERS INSURANCE COMPANY Court/Judge: Michigan Court of Appeals, unpublished Per Curiam Opinion of Judge Boonstra, Judge...

Premises Liability Update: The Uncertain Future of Lugo CASE INFORMATION Name: AHLAM KANDIL-ELSAYED v. F&E OIL, INC. Court/Judge: Michigan Supreme Court – Order on Application for Leave to...

Open and Obvious Hazards While Entering the Workplace may be Effectively Unavoidable CASE INFORMATION Name: ESTATE OF DONNA LIVINGS v SAGE'S INVESTMENT GROUP, LLC Court/ Judge: Michigan Supreme...

THE RECREATIONAL LAND USE ACT DOES NOT EXTEND TO MAN-MADE CHANGES TO LAND CASE INFORMATION Name: DOREEN ROTT v. ARTHUR ROTT Court/Judge: Michigan Supreme Court – Opinion by Justice WELCH and...

PREMISES LIABILIY: NO STATUTORY CLAIMS FOR NON LESSEES CASE INFORMATION Name: Walker v. Hela Mgmt, LLC Court/ Judges: Michigan Court of Appeals –Unpublished Per Curium Opinion by Judges...

PIP Update: Supreme Court Sets Limitations on Insurer's Remedy of Rescission for Post-Application Fraud CASE INFORMATION Name: Meemic Ins. Co. v. Fortson et al. Court/Judge: Michigan Supreme Court...

Michigan Updates to Commerical General Liability Coverage "Accident" is expanded to encompass the insured's work damaged by a subcontractor CASE INFORMATION Name: Skanska USA Bldg. Inc. v. M.A.P....

Replacement Cost Does Not Include the Diminution in Value for PPI Claims under the No Fault Act CASE INFORMATION Name: JF Warren, LLC et al. v. Consolidated Ins. Co. , Docket No. 347762 Court/Judge:...

No Business Interruption Coverage During COVID-19 Shutdowns CASE INFORMATION Name: Gavrilides Management Co. v Michigan Insurance Co. , Docket No. 20-000258-CB Court/Judge: 30 th Circuit Court,...

Tobin Dust joins O'Neill, Wallace & Doyle, P.C. We are pleased to announce that Tobin Dust of Dust & Campbell, P.C., will be joining our firm effective November 1, 2019. The move will provide...

THE GOOD AND THE BAD… AS WE SEE IT FOR THE 2019 AMENDMENT TO THE MICHIGAN NO-FAULT ACT INTRODUCTION The newly amended No-Fault Act made significant changes to Michigan auto-insurance requirements....

Negligence (Minors) Update-- " Child's Play ": Court of Appeals Upholds the Reasonable 13-year-old Standard Set Forth in Ray v. Swager. Abuaita v Abuaita Introduction In a negligence action,minors...

Premises Liability Update--Court of Appeals Expands Defenses for Landlords to Statutory Slip-and-Fall Claims Y ork v Berger Realty Group, Inc. Introduction The Open and Obvious Doctrine is not a...

No-Fault Update—Mayor of Detroit Pursues Action to Declare the Michigan No-Fault Act Unconstitutional Duggan v. McPharlin Introduction Detroit Mayor Mike Duggan filed an action to have the...

No-Fault Update--The Michigan Court of Appeals Reviews Voluntary Payments of an Insurer as Admissions of an Injury Ross v Dyment , Dkt. No. 341273 (Mich Ct. App. March 14, 2019) Introduction...

No-Fault Update—The Michigan Court of Appeals Reviews Balance Bills and Fraud in Personal Injury Protection ("PIP") Claims The Michigan Court of Appeals recently issued two opinions impacting...