News & Insights
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 […]
Declaratory Judgment Obtained By Michael F. Schmidt And Also Summary Disposition As To The Insureds’ Counterclaim For Bad Faith And Breach Of Contract Arising Out Of Claim For Insurance Coverage For An Underlying Claim Resulting From A Failed Merger Of Insurance Agencies
AMCO Insurance Company v Douglas Williams and Douglas Williams & Associates, Inc., Washtenaw County Circuit Court, declaratory action which we filed on behalf of AMCO Insurance Company to obtain a ruling that AMCO Insurance Company had no duty to defend and provide coverage to Douglas Williams and Douglas Williams & Associates, […]
Michael F. Schmidt Obtains Dismissal Of Two Insurance Claim Suits Due To Plaintiff/Insured’s Failure To Comply With Discovery Orders
Tyrone Smith v Nationwide Mutual Fire Insurance Company, U. S. District Court for the Eastern District of Michigan, two different lawsuits filed by Tyrone Smith, the first for $189,000 in allegedly stolen jewelry and the second a claim for no fault benefits from an auto accident plus collision damage for the plaintiff’s Corvette. […]
Michigan Court Of Appeals Affirms Summary Disposition Enforcing Auto Liability Notice Clause In Appeal Handled By Michael F. Schmidt
Integon National Insurance Company v Vincent Lecari Berry and Patricia Carol Berry, Michigan Court of Appeals docket number 289320 (2009), appeal by the underlying plaintiff Coze Elissa Long and by the uninsured motorist carrier, Bristol West Insurance Company, of summary disposition granted by the trial court to Integon National Insurance […]
Jury Returns A Verdict For $138,915 And Costs And Attorney Fees Of $26,162 Awarded In Business Dispute And Breach Of Settlement Agreement Case Tried By Dale Burmeister
This case arose out of a dispute between the owners of a mailing company. Plaintiff owned 51% of the company and claimed that the equipment, customers, and the name of the entity were misappropriated by the Vice President while Plaintiff was recovering from cancer. Prior to filing suit, the parties […]