The lawyer’s weekly recently published an article on the Menard v Imig case in which I successfully represented the Macomb County governmental defendants in the Court of Appeals, briefing and arguing this case addressing governmental immunity and the highway defect exception under the Governmental Tort Liability Act. Macomb County Road Department Not Liable
Category: Insurance Lawyer
Supreme Court Accepts Amicus Curiae Brief prepared by Law Offices of Carson J. Tucker
The Michigan Supreme Court has issued an Order Docketing Amicus Curiae Brief prepared by the Law Offices of Carson J. Tucker on behalf of Michigan Defense Trial Counsel (local affiliate of the Defense Research Institute), in the case of Skidmore v. Consumers Energy Company, Supreme Court Case No. 154030. Prior posts summarized this case, and included the brief. […]
Former Employee’s Alleged Criminal Activities Relevant to Determine “Wage Earning Capacity” for Purposes of Assessing Entitlement to Workers Compensation Benefits
In a case I brought to the Michigan Supreme Court, which remanded in Omian v Chrysler, 495 Mich. 859 (2013), to the Court of Appeals for consideration of my appeal, the Michigan Court of Appeals has now reversed the decision I originally appealed. In Omian v. Chrysler.COA.Published, the Court of Appeals agreed that evidence of […]
Insurance Coverage Not Available to Employer Mistakenly Listed as Insured on State-Required Workers Compensation Forms
The Michigan Court of Appeals ruled on Tuesday, February 17, 2015, that insurance coverage was not available to an employer (Delphi) merely because the insurers had errantly listed the employer on forms required to be filed with the state to notify it of the existence of workers’ compensation insurance. Delphi had multiple subsidiaries, some of which […]
Court of Appeals Issues Ruling On Independent Contractor Case
The Michigan Court of Appeals issued its opinion in a case I briefed (92675_Moore_Appellant’s_Brief_313440.12.26.2013.1838) and argued in the Court of Appeals last summer, ruling consistent with the Supreme Court’s recent disposition of workers compensation insurance coverage for subcontractors holding themselves out to be employers, while claiming to be employees. The facts involved a workers compensation claimant […]
Insurance Coverage Case for Health Care Providers Conspiracy Claims Still Awaiting Disposition by Indiana Supreme Court
As I had predicted in my earlier blog post, transfer to the Indiana Supreme Court was sought and granted in this “errors and omissions” insurance and reinsurance coverage dispute in which the insureds sought coverage for underlying claims that a network of health insurance companies and health insurance claims administrators conspired to deny medical care providers and their […]
Michigan High Court to Address Scope of “Gross Negligence” Exception to Governmental Immunity
In an order issued on December 23, 2014, the Michigan Supreme Court has granted oral argument to consider the state’s application in this wrongful death case. (Estate of Beals.Order). The plaintiff is the estate of an individual who was a student at a state technical college that provided vocational and technical training to individuals with […]
