News & Insights
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 […]
Michael F. Schmidt Obtains Summary Disposition In Construction Accident Case
Cummings v S. E. Spohn Construction Company v American Erectors, Inc., Genesee County Circuit Court, claim by Sean Cummings that he sustained injuries when a beam was allegedly knocked onto and crushed his feet while working as an employee for American Erectors on a construction project. The plaintiff received substantial […]
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 […]