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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 […]

Michael F. Schmidt Obtains Summary Disposition Enforcing Excluded Driver Endorsement

Nationwide Mutual Insurance Company v Robert Troup, et al, Oakland County Circuit Court, declaratory action, which we filed on behalf of Nationwide Mutual Fire Insurance Company to obtain a ruling that Nationwide had no duty to defend or provide coverage to its insureds for a claim arising out of an auto accident […]

John Prew Wins 5 Minute Defense Verdict In Treestand Case

A jury in Chester County Pennsylvania recently took only five minutes to conclude that treestand was not defective in a product liability, serious injury case involving one of Harvey Kruse’s many national product liability clients. The plaintiff, who had fallen approximately 15 feet from his treestand argued that damage to […]

Sixth Circuit Court Of Appeals Affirms Summary Judgment Obtained By Michael F. Schmidt In Insurance Policy Rescission Case

Mohammed Huda v Integon National Insurance Company, No. 08—2193(6th Cir, 2009), appeal from summary judgment granted by U. S. District Court Eastern District of Michigan in favor of Integon National Insurance Company that it properly rescinded an automobile insurance policy based on a material misrepresentation made by the insured in […]

Michael F. Schmidt Obtains Dismissal Of Claim For Underinsured Motorist Benefits Based On Forum Non Conveniens

James Lauder v GMAC Insurance, Oakland County Circuit Court, claim by James Lauder for underinsured motorist benefits.  We successfully obtained a dismissal based on forum non conveniens of the claim for underinsured motorists benefits.  We argued that all of the contacts in the case were with Texas.  The plaintiff was […]

Michael F. Schmidt Defeats Claim By Municipality For Property Damage Against Vehicle Operator

City of Fenton v Robert William Gaffney, Jr., Genesee County District Court 67—4A, claim by the City of Fenton pursuant to a City of Fenton ordinance to collect expenses for environmental clean up following an auto accident. We represented the defendant motor vehicle operator and argued that the claim was […]

Summary Disposition Motion Filed By Michael F. Schmidt Granted In Consolidated Cases By Insurer And Homeowner For 4.2 Million Dollar Fire Loss

Auto-Owners Insurance Company as Subrogee of William Larkin and Mary Larkin v Kellett Construction Company, Albaugh Masonry Stone and Tile, Inc. and Butcher & Baecker Construction Company and William Larkin and Mary Larkin v Kellett Construction Company, Albaugh Masonry Stone and Tile, Inc. and Butcher & Baecker Construction Company, Oakland […]

Dale Burmeister And Jason Mathers Win Sophisticated User Decision In Living Mesothelioma Case

In Krafft v Allied Glove et al., Dale Burmeister and Jason Mathers moved for summary disposition in a living mesothelioma case based on a statute in Michigan that provides that a product manufacturer has no duty to warn or instruct “sophisticated users” of its products. MCL 600.2947(4). A “sophisticated user” is defined by […]

Michael F. Schmidt Obtains Summary Disposition To Enforce Household Exclusion In An Automobile Liability Policy

Randy Robert Begin, as Conservator of The Estate of Lily Begin, a Minor and Madison Begin, a Minor v Nationwide Mutual Fire Insurance Company, Wayne County Circuit, claim by the plaintiffs to seek automobile liability coverage for a claim against their deceased mother as a result of an auto accident, pursuant to […]