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Category: News

Michael F. Schmidt Obtains Summary Disposition Defending A Fire Loss Case

Auto Club Group Insurance Company as Subrogee of Raghunath Kurri and Swathi Pabbathi v ABL Electronic Service, Inc., et al, Oakland County Circuit Court, the court granted summary disposition as to all claims made by the plaintiff in a property damage subrogation claim arising out of a house fire where the claimed […]

Michael F. Schmidt Obtains Summary Judgment In U. S. District Court In Regard To Plaintiffs’ Multi-Count Handicap Discrimination Claim

Robert Benkovich and Kathy Benkovich v Washington Park Village Condominium Association, et al, U. S. District Court for the Eastern District of Michigan, the court granted summary judgment as to all claims made by the plaintiffs in a multi-count complaint alleging violation of the Fair Housing Amendment, malicious acts in […]

Michael F. Schmidt Wins Summary Judgment Defeating A Claim By Trustee In Bankruptcy For Insurance Coverage For The Debtor In The U. S. Bankruptcy Court

In Re Romeo Montessori School Association, Inc., debtor, Stuart A. Gold, Trustee, plaintiff v Consolidated Insurance Company, defendant, U. S. Bankruptcy Court for the Eastern District of Michigan Southern Division. The plaintiff in this adversary proceeding is the Chapter 7 Bankruptcy Trustee who filed the proceeding seeking a declaratory judgment that Consolidated […]

Michael F. Schmidt Obtains Affirmation From Michigan Court Of Appeals Of Summary Disposition In Insurance Coverage Case

Kent Companies, Inc. v Wausau Insurance Companies, Michigan Court of Appeals docket number 292237 (2011). The plaintiff, Kent Companies, Inc., filed suit against Wausau Insurance Companies seeking coverage for damages charged to Kent by the general contractor, Rockford Pepper Construction Company, arising out of the construction of the J. W. […]

HKPC Obtained Summary Disposition In Five Construction Cases Under Fultz V. Union-Commerce

Gary L. Stec of our Grand Rapids office has obtained summary disposition in five separate lawsuits under the Supreme Court’s decision in Fultz v. Union-Commerce Assoc., 470 Mich 460 (2004). In The Estate of Gehl v. ABC Contractor, Allegan County Circuit Court, the Estate brought a wrongful death lawsuit against […]

Supreme Court Denies Application For Leave To Appeal Of Summary Disposition Obtained By Michael F. Schmidt In Multi-Vehicle Auto Accident Case

David W. Allard, as Trustee of the Bankruptcy Estate of Laura J. Wilamowski v Joseph A. Sova, Clarkston Steel, Inc., State Farm Mutual Automobile Insurance Company, Conrad C. Wilamowski and Mirash Bojaj, Supreme Court Docket Number 141844 and 141862, the Supreme Court denied the plaintiffs’ Application for Leave to Appeal […]

Sixth Circuit Court Of Appeals Affirms Dismissal Of Two Consolidated Cases For Willful Failure To Cooperate In Discovery In Appeal Handled By Michael F. Schmidt

Tyrone Smith v Nationwide Mutual Fire Insurance Company, Sixth Circuit Court of Appeals, docket number 09-2201, involved an appeal by the plaintiff of the dismissal of the plaintiff’s two consolidated suits, the first for $189,000 in allegedly stolen jewelry and the second a claim for no fault benefits and collision damage to […]

Macomb County Circuit Court Grants Declaratory Judgment Finding No Automobile Liability Coverage In Case Handled By Michael F. Schmidt

MIC General Insurance Company v Michael Baumeister, Gary Rivard, Emilia Braden and Enterprise Leasing Company of Detroit, Macomb County Circuit Court, we filed a declaratory action on behalf of MIC General Insurance Company to obtain a ruling that MIC had no duty to defend or provide coverage to Gary Rivard, […]

Summary Disposition Obtained By Michael F. Schmidt Enforcing Insurers’ Rescission Of An Auto Insurance Policy For Material Misrepresentation In The Application

Ardith McCormick v Nationwide Mutual Fire Insurance Company, Oakland County Circuit Court. Plaintiff brought suit to recover for the theft of her motor vehicle. Nationwide had denied the claim on the basis that its investigation of the theft disclosed that the plaintiff had made several material misrepresentations in the application for the policy, that […]

Michael F. Schmidt Obtains Summary Disposition In Claim For Insurance Coverage For Pizza Delivery

Louis I. White, M.D. and Mary White, Individually and as Assignees of Uncle Andy’s Pizza, Inc., Andy Nannoshi and Mary Morse v Christopher Miller Agency, Inc., Christopher J. Miller, Rebecca Theriault and Nationwide Mutual Insurance Company, Oakland County Circuit Court. Plaintiffs brought suit as assignees of Uncle Andy’s Pizza and […]