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Michigan Lawyers Weekly Reports on Insurance Coverage Case Won by Michael Schmidt and Nate Peplinski in Which Insurer Held to Have No Duty to Provide Coverage or a Defense in Underlying Class Action

     Invecor, LLC was sued in a class action filed in U.S. District Court in New Jersey alleging that Invecor had sent unsolicited faxes in violation of federal and state law. AMCO Insurance Company filed a declaratory complaint in Oakland Circuit Court alleging that it had no duty to provide […]

Anne V. Mcardle And David B. Roth Obtain Summary Disposition Of PIP Suit And Dismissal Of Provider Suit Filed Beyond The No-Fault Act’s Statute Of Limitations

Alfonso Waller vs. Amerisure Insurance Company, Macomb County Circuit Court, Case No. 19—0008—NF, Hon. Michael E. Servitto. The plaintiff in this case filed suit on March 1, 2019, alleging nonpayment of No-Fault Benefits arising out of an accident allegedly occurring on February 7, 2018. Receipt of the lawsuit was the […]

Caps On Noneconomic Damages For 2021

The Michigan Department of Treasury has announced that the new caps on noneconomic damages in products liability cases where the product did not cause either death or permanent loss of a vital bodily function for 2021 is $476,000. The indexed cap in cases involving death or permanent loss of a vital […]

Major Changes to the Michigan No-Fault Act Coming in 2020

The Michigan Legislature made major revisions to the Michigan No-Fault Act of 1973 by amendments with immediate effect June 11, 2019. Among the more significant changes are the 12 listed below:  For policies effective July 1, 2020, or later, a consumer must be provided a choice of policy limits of […]

Mike Guss and William Clos Obtain Summary Disposition On A Homeowners Policy For Additional Loss Based Upon The Mend The Hold Doctrine And Faulty Workmanship Exclusion

Charles and Dianne McSwain v. Pioneer State Mutual Insurance Company, Macomb county Circuit Court. Plaintiffs filed suit seeking to obtain additional coverage after a water loss in their residence on a homeowner policy issued by Pioneer State Mutual Insurance Company. The Plaintiffs hired a third-party, Select Restorations, to repair their […]

Michael F. Schmidt Obtains Summary Disposition On Claim For Additional Property Loss Under A Homeowners Policy After A Fire

La Tanya Hurt v Depositors Insurance Company, Wayne County Circuit Court. Plaintiff filed suit for appointment of an appraiser to determine additional property loss from a house fire on a homeowner policy issued by Depositors Insurance Company resulting from a fire in April, 2012. After discovery we filed a motion for summary disposition on the […]

Michael F. Schmidt Obtains Summary Disposition To Recover Payments Made To The Loss Payee/Mortgagee From The Insure

Meemic Insurance Company v Angela Jones, Wayne County Circuit Court, after obtaining summary disposition in the case of Jones v Meemic on behalf of Meemic that the homeowner policy issued by Meemic to Angela Jones was properly rescinded based upon misrepresentations in the application affirmed by the Michigan Court of Appeals, suit was […]

Michael F. Schmidt Obtains Recovery Of $379,608 Improperly Billed For Nursing Services

MIC General Insurance Corporation, Individually and as Assignee of the Michigan Catastrophic Claims Association v Lynn Peridore, Mid Valley Interim HealthCare Services, Inc., et al, Saginaw County Circuit Court. Investigation disclosed that over the period April 2012 to January 2017 MIC had been billed $379,608.90 for nursing services allegedly performed by Lynn Peridore […]

Michael F. Schmidt Obtains Summary Disposition In Alleged Contaminated Food Case

Charles Manoloff v Roncelli, Inc., et al, Wayne County Circuit Court, plaintiff filed suit alleging injuries incurred when he allegedly bit into a cheeseburger contaminated by a screw at the Garage Dearborn Restaurant. The complaint alleged that multiple defendants including Roncelli, Inc. involved in the construction of the restaurant were responsible […]

HKPC Obtains Affirmance Of Summary Judgment From The Sixth Circuit Court Of Appeals In Civil Rights Case

Robert Garceau, et. al. v City of Flint, et al., Sixth Circuit Court of Appeals. In 2011 the City of Flint Police Department had an excess of sergeant openings. Thus, its then-Chief of Police, defendant Alvern Lock, provisionally promoted 12 officers until the Department could create and administer a formal promotional exam. Following the […]