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 … Continue reading
Category Archives: Insurance Lawyer
Lawyer’s Weekly Chronicles Appellate Court Victory by Law Offices of Carson J. Tucker
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Tagged carson j. tucker, carson tucker, contract law, government immunity, governmental liability, Governmental Tort Liability Act, highway defect, highway exception, insurance, insurance claims, insurance coverage, insurance law, law offices of carson j. tucker, michigan, notice, tort law
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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 … Continue reading
Posted in Appeals, Appeals and Legal Research, Appellate Lawyer, Business and Commercial Litigation, Insurance Law, Insurance Lawyer, May It Please the Court, Michigan Supreme Court Orders, Property and Casualty, Public Corporations, Recent Judicial Dispositions
Tagged Amicus Curiae Brief, amicus curious, carson j. tucker, consumers energy, michigan, Michigan Supreme Court Orders, property law, Skidmore, Skidmore v. Consumers Energy Company, Supreme Court
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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 … Continue reading
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 … Continue reading
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 … Continue reading
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 … Continue reading
Posted in Appeals, Appeals and Legal Research, Appellate Lawyer, Business and Commercial Litigation, Contract Law, Errors and Omissions, Insurance and Indemnity, Insurance Coverage, Insurance Coverage Disputes, Insurance Law, Insurance Lawyer, May It Please the Court, Recent Judicial Dispositions
Tagged reinsurance, Reinsurance Coverage Disputes
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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 … Continue reading
Posted in Administrative Law, Appeals, Appeals and Legal Research, Appellate Lawyer, Comparative Law, Governmental Immunity, Insurance and Indemnity, Insurance Coverage, Insurance Law, Insurance Lawyer, May It Please the Court, Michigan Court of Appeals Unpublished Opinions, Michigan Supreme Court Orders, Public Corporations, Recent Judicial Dispositions
Tagged amicus curious, carson j. tucker, carson tucker, causation, defending law enforcement', emergency first responders, first responders, governmental immunity, governmental liability, Governmental Tort Liability Act, gross negligence, gross negligence exception to governmental immunity, GTLA, individual governmental employees, law enforcement, law enforcement officers, Michigan Court of Appeals, Michigan Supreme Court, Supreme Court
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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 amicus curious, auto insurance, automobile accidents, automobile insurance, bodily injury, carson j. tucker, carson tucker, common law, governmental immunity, governmental liability, Governmental Tort Liability Act, GTLA, highway exception, Michigan Court of Appeals, Michigan Supreme Court, no fault act, no fault benefits, no fault insurance, noneconomic damages, personal injury, personal insurance protection benefits, Supreme Court
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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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Tagged amicus curious, auto insurance, automobile accidents, automobile insurance, bodily injury, carson j. tucker, carson tucker, governmental immunity, governmental liability, Governmental Tort Liability Act, GTLA, insurance benefits, insurance coverage, Michigan Court of Appeals, Michigan Supreme Court, motor vehicle exception, negligence, no fault act, no fault benefits, no fault insurance, noneconomic damages, personal insurance protection, personal insurance protection benefits, Supreme Court
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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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Tagged amicus curious, auto insurance, automobile accidents, automobile insurance, bodily injury, carson j. tucker, carson tucker, indemnity, insurance, insurance benefits, insurance coverage, insurance law, Michigan Court of Appeals, no fault benefits, no fault insurance, personal injury, personal insurance protection, personal insurance protection benefits, workers compensation
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