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Michael F. Schmidt Pursuades The Michigan Court Of Appeals To Affirm Arbitrators’ Rejection Of Coverage And Defense Costs Arising Out Of A $10 Million Recall Claim

Machining Enterprises, Inc. a/k/a Enterprise Auto Systems v Wausau Business Insurance Company, Michigan Court of Appeals, we recently obtained affirmance by the Michigan Court of Appeals of an arbitration award that our client, Wausau Business Insurance Company, had no duty to provide coverage or a defense for underlying claims made […]

In A Published Opinion The Court Of Appeals Agrees With Michael F. Schmidt That A Household Exclusion In An Auto Policy Limits Coverage Of The Insured To The Michigan Financial Responsibility Act Limits Of $20,000/$40,000

In Manier v MIC General Insurance Corporation, 281 Mich App 485 (2008), the Court of Appeals has issued a published opinion which affirms the summary disposition we obtained from the Washtenaw County Circuit Court.  This is a very important decision because it is the first published and hence first precedentially binding […]

HKPC Wins Wrongful Death Rental Car Exclusion Insurance Coverage Dispute In The Michigan Court Of Appeals

In Farm Bureau v GMAC, Farm Bureau filed a declaratory judgment action asserting no coverage in an underlying wrongful death case due to its insured not having proper permission from the owner of the vehicle.  The Farm Bureau insured was driving a vehicle that had been rented by another relative so […]

Michael F. Schmidt Gets $350,000 Arbitration Award Vacated

Dailey v Nationwide Insurance, Wayne County Circuit Court, We were retained to file a motion to vacate a $350,000 arbitration award in a claim for property damage pursuant to a homeowner policy.  We argued that the arbitration award should be vacated because the arbitrator failed to follow controlling legal principles […]

HKPC Obtains 25 Minute Defense Jury Verdict In Maryland Treestand Product Liability Trial

In Frank v. Summit Treestands, LLC., Frederick County, Maryland, Harvey Kruse lawyers obtained a lightning fast defense verdict on behalf of their treestand manufacturing client.  Plaintiff sought over $750,000.00 for serious spinal, chest and lung injuries suffered when he fell 20 to 25 feet from his treestand.  He maintained that the […]

Summary Disposition Motion Filed By Michael F. Schmidt Granted In Construction Accident Case Because It Did Not Occur In A Common Work Area

Ferchak v George W. Auch Company, Genesee County Circuit Court, claim for injuries incurred by the plaintiff in a construction accident when he fell from the top of a pallet of cinder blocks from which he was working.  The plaintiff claimed that the accident resulted in a serious ankle injury […]

Michael F. Schmidt Successfully Enforces Exclusion In Policy For Insured’s Own Property Leading To Dismissal Of All Claims

A & K Services v AMCO Insurance Company and Voss Insurance Agency, 28th District Court, claim for insurance coverage for a vehicle purchased by the insured which was allegedly stolen from its premises.  Following discovery we moved for summary disposition on the basis that the policy excluded coverage for the […]

Court Agrees With Michael F. Schmidt That Insurance Policy Properly Cancelled

Gaugi Properties v AMCO Insurance, St. Clair County Circuit Court, claim by insured for alleged water damage in excess of $200,000 to the insured’s building.  We filed a motion for summary disposition on behalf of AMCO on the basis that the policy was cancelled prior to the loss.  Plaintiff argued […]

Michael F. Schmidt Prevails In Coverage Dispute Due To Lack Of Proper Notice

Integon Insurance Company v Berry, Wayne County Circuit Court, Declaratory action filed to obtain a determination that Integon Insurance Company had no duty to provide coverage or a defense to the insureds in an underlying claim against the insureds arising out of a motor vehicle accident.  We argued that the […]

Material Misrepresentations In Insurance Policy Application Lead U.S. District Court To Accept Michael F. Schmidt’s Argument That Coverage Should Be Rescinded In Case Involving Catastrophic Injuries Including Loss Of An Eye

Mohammed Huda v. Integon National Insurance Company, United States District Court for the Eastern District of Michigan, claim for no-fault benefits and uninsured motorist benefits by the plaintiff arising from a motor vehicle accident in which the insured sustained catastrophic injuries including loss of  his right eye.  We defended the case […]