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Dale Burmeister Wins Summary Disposition in Breach of Contract Case Seeking over $1 Million

Our client was sued for over $1 million in unpaid fees and interest by a company that was hired to manage a $26 million project to bury 400 miles of fiber optical cable.  It was a “time and expense” contract, but there was a provision limiting increases in fees and […]

MICHAEL J. GUSS AND DAVID B. ROTH OBTAIN SUMMARY DISPOSITION OF SUIT ALLEGING CLAIMS FOR PREMISES LIABILITY, FAILURE TO KEEP COMMON AREA FIT FOR INTENDED USE, FAILURE TO KEEP PREMISES IN REASONABLE REPAIR, AND BREACH OF CONTRACT

Laura Joseph vs. Edward Rose Assoc., LLC, Genesee County Circuit Court, Case No.19-113526-NO, Hon. F. Kay Behm. Plaintiff, a tenant of Defendant apartment complex, brought claims against Defendant under theories of premises liability, failure to keep a common are fit for its intended use under MCL 554.139, failure to keep […]

WILLIAM RIVARD AND JEFFREY SCHULTZ OBTAIN SUMMARY DISPOSITION IN AUTOMOBILE NEGLIGENCE CASE

Anthony Johnson v. John Baker, et al., Wayne County Circuit Court. Plaintiff filed an automobile negligence lawsuit against our clients, seeking economic and non-economic damages allegedly sustained as the result of a pedestrian vs. motor vehicle accident. We filed a Motion for Summary Disposition, arguing that Plaintiff had failed to […]

MICHAEL F. SCHMIDT AND NATE PEPLINSKI OBTAIN AFFIRMATION OF SUMMARY DISPOSITION FROM THE MICHIGAN COURT OF APPEALS DENYING PLAINTIFF’S CLAIM FOR ADDITIONAL PROPERTY LOSS UNDER A HOMEOWNERS POLICY AFTER A FIRE

Latonya Hurt v Depositors Insurance Company, unpublished per curiam decision of the Michigan Court of Appeals Docket No. 346995 (2020).  Plaintiff filed suit to obtain additional property loss from a house fire pursuant to a homeowner policy issued by Depositors Insurance Company.  We obtained summary disposition on the basis that […]

JASON MATHERS AND MERIAM CHOULAGH OBTAIN SUMMARY DISPOSITION IN PROVIDER SUIT BASED ON FRAUDULENT ASSIGNMENT OF RIGHTS FORM

Plaintiff/provider filed suit for recovery of expenses incurred for medical services provided to underlying insured based upon assignment of rights forms allegedly signed by the insured.  Through discovery, it was revealed that Livonia Care represented that the insured signed the assignments when, in fact, the signatures on the assignments were […]

MICHAEL F. SCHMIDT AND NATHAN PEPLINSKI OBTAIN SUMMARY JUDGMENT FOR A CLAIM AGAINST HARLEYSVILLE INSURANCE COMPANY FOR PROPERTY DAMAGE

O.L. Matthews, MD, PC v Harleysville Insurance Company, United States District Court for the Eastern District of Michigan Southern Division, Case No. 18-11659, Hon. Gershwin A. Drain.  The plaintiff O.L. Matthews, MD, PC filed suit against Harleysville Insurance Company seeking to recover in excess of $1 million for alleged damage […]

Michigan Lawyers Weekly Reports on Insurance Coverage Case Won by Michael Schmidt and Nate Peplinski in Which Insurer Held to Have No Duty to Provide Coverage or a Defense in Underlying Class Action

     Invecor, LLC was sued in a class action filed in U.S. District Court in New Jersey alleging that Invecor had sent unsolicited faxes in violation of federal and state law. AMCO Insurance Company filed a declaratory complaint in Oakland Circuit Court alleging that it had no duty to provide […]

Anne V. Mcardle And David B. Roth Obtain Summary Disposition Of PIP Suit And Dismissal Of Provider Suit Filed Beyond The No-Fault Act’s Statute Of Limitations

Alfonso Waller vs. Amerisure Insurance Company, Macomb County Circuit Court, Case No. 19—0008—NF, Hon. Michael E. Servitto. The plaintiff in this case filed suit on March 1, 2019, alleging nonpayment of No-Fault Benefits arising out of an accident allegedly occurring on February 7, 2018. Receipt of the lawsuit was the […]

Mike Guss and William Clos Obtain Summary Disposition On A Homeowners Policy For Additional Loss Based Upon The Mend The Hold Doctrine And Faulty Workmanship Exclusion

Charles and Dianne McSwain v. Pioneer State Mutual Insurance Company, Macomb county Circuit Court. Plaintiffs filed suit seeking to obtain additional coverage after a water loss in their residence on a homeowner policy issued by Pioneer State Mutual Insurance Company. The Plaintiffs hired a third-party, Select Restorations, to repair their […]

Michael F. Schmidt Obtains Summary Disposition On Claim For Additional Property Loss Under A Homeowners Policy After A Fire

La Tanya Hurt v Depositors Insurance Company, Wayne County Circuit Court. Plaintiff filed suit for appointment of an appraiser to determine additional property loss from a house fire on a homeowner policy issued by Depositors Insurance Company resulting from a fire in April, 2012. After discovery we filed a motion for summary disposition on the […]