Category Archives: Michigan No-Fault Insurance

Court Holds “Bodily Injury” Damages Include “Pain and Suffering” and “Non-economic Damages” In “Motor Vehicle” Accident Claims Against Government

I previously wrote a short post about this case, but since I authored an amicus curiae brief for Michigan Townships Association, and the counties of Oakland, Wayne and Macomb, I have engaged in a bit more analysis. The Supreme Court released its … Continue reading

Posted in Administrative Law, Appeals, Appeals and Legal Research, Appellate Lawyer, Comparative Law, Governmental Immunity, Highway Defect Claims, Insurance and Indemnity, Insurance Coverage, Insurance Law, Insurance Lawyer, May It Please the Court, Michigan No-Fault Insurance, Michigan Supreme Court Opinions, Michigan Supreme Court Orders, Public Corporations, Recent Judicial Dispositions | Tagged , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Court Holds “Bodily Injury” Damages Include “Pain and Suffering” and “Non-economic Damages” In “Motor Vehicle” Accident Claims Against Government

In a much awaited opinion, the Michigan Supreme Court has held that a claimant may recover “nonecconomic damages” such as “pain and suffering” and “emotional distress” damages and excess “economic damages” in actions against the government under the “motor vehicle” … Continue reading

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Employee Driving Company Truck to Job Site Not “In the Course and Scope of Employment” Under Workers Disability Compensation Act

The Court of Appeals (in a 2-1 majority opinion) issued a significant case yesterday, albeit unpublished, holding that an employee driving a company vehicle to a job site location in another part of the state was not “in the course … Continue reading

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Insurers and Businesses Should Always Consider What Options are Available for Insurance Coverage and Recovery of Insurance Assets When Facing a Dispute, Claim or Lawsuit

One of the most important ways insurance companies and businesses can manage their assets and control their liability is to think creatively about insurance and insuring agreements in managing their day-to-day business operations.  Disputes, claims, and yes, lawsuits often arise … Continue reading

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Supreme Court to Address Interplay (If Any) Between the No-Fault Act and the Governmental Tort Liability Act

Last Friday, September 19, 2014, I participated in a panel discussion at the Negligence Law Section breakout at the state bar conference in Grand Rapids to discuss the Michigan Supreme Court’s upcoming (October 8) hearing of oral arguments in the calendar … Continue reading

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“Gross Negligence” Exception to Governmental Immunity Under Attack in Cases Against First Responders / Law Enforcement Officers

The Court of Appeals has released two cases that appear to undermine the meaning of the “statutory” “gross negligence” exception, MCL 691.1407(2) under Michigan’s Governmental Tort Liability Act (GTLA). The GTLA, MCL 691.1401 et seq., provides immunity for law enforcement officers … Continue reading

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Supreme Court Declines to Address Court of Appeals’ Ruling Migrant Farm Worker Resided in Michigan for Purposes of No-Fault Insurance Coverage

The Michigan Supreme Court has declined to review an appeal of the Court of Appeals opinion in Lorenzo Tienda v. Integon National Insurance, which held that a migrant farm worker who maintained no permanent residency in any state resided in Michigan for … Continue reading

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