News & Insights
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 […]
Court Of Appeals Affirms 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, Michigan Court of Appeals docket number 285633, the Court of Appeals affirmed summary disposition we obtained in the […]
Michael F. Schmidt Obtains Summary Disposition Enforcing Insurance Policy Condition Requiring Protective Safeguards Where Insured Failed To Have An Operating Fire Alarm System
Stephanie Dunbar d/b/a Sassy But Classy Hair Salon v AMCO Insurance Company and Steve Paquette, Wayne County Circuit Court. Claim by plaintiff, Stephanie Dunbar d/b/a Sassy But Classy Hair Salon, for fire loss damage to her hair salon business. After discovery we prepared and filed a motion for summary disposition on behalf […]
Michigan Supreme Court Reverses Kreiner V Fischer Regarding The Serious Impairment Threshold
The Michigan Supreme Court has issued its decision in McCormick v. Carrier, ____ Mich ____ (Docket Number 136738, 2010) which reverses Kreiner v. Fischer, 471 Mich 109, 683 NW2d 611 (2004) as wrongly decided. The opinion is very lengthy and is a 4-3 decision with a lengthy dissent. MCCORMICK’S CLAIM McCormick had […]
Michael F. Schmidt Obtains Summary Disposition In Third Party Auto Case Based On No Serious Impairment
Richardson v Rosario, Oakland County Circuit Court, claim for multiple injuries from a T-bone intersection accident. Plaintiff claimed injuries to her left ankle/Achilles tendon, left knee, low back and neck. Plaintiff had multiple different treaters for these multiple alleged injuries for ten months after the accident. We filed a motion for summary […]
Summary Judgment In Product Liability Fire Loss Case Obtained By Michael F. Schmidt
Auto Club Group Insurance Company as Subrogee of Andrea and John Nelson v Auto-Glass Aquarium Company, Inc., U. S. District Court for the Eastern District of Michigan Southern Division. Subrogation claim by the plaintiff, Auto Club Group Insurance Company as Subrogee of Andrea and John Nelson for fire damage to the Nelsons’ […]
Claim For Insurance Coverage Under Commercial General Liability Policy For Damages Incurred By Contractor In The Course Of Construction Project Defeated By Michael F. Schmidt Who Obtained Summary Disposition From The Trial Court
Kent Companies, Inc. v Wausau Insurance Companies, Kent County Circuit Court. Claim by the insured, Kent Companies, Inc., for recovery of alleged damages charged to Kent by the general contractor, Rockford Pepper Construction Company, arising out of the J. W. Marriott Hotel Project in downtown Grand Rapids. After discovery we filed […]
Michael F. Schmidt Obtains Dismissal Of Claim For Fire Damage And Loss Of Income In Excess Of $500,000
Abdallah Gas & Mini Mart, Inc. v AMCO Insurance Company, Saginaw County Circuit Court, suit for fire damage and loss of income in excess of $500,000 from an alleged fire. After substantial investigation and discovery including cooperation with the U. S. Secret Service and federal agents regarding a Small Business Administration loan scam, we filed a motion to […]
Michael F. Schmidt Obtains Summary Disposition In Wrongful Death Construction Accident Claim Against General Contractor
Amy Felty, Personal Representative of the Estate of Leo Felty, Jr., Deceased v Skanska USA Building, Inc., Washtenaw County Circuit Court, claim for the wrongful death of Leo Felty, Jr. who fell about 30 feet from a hydromobile scaffold while working on the University of Michigan Alumni Memorial Hall Museum of […]