“No-Fault” Wage-Loss Benefits Required to Be Paid to Unemployed Claimant Suffering Disabling Injury at the Time of Auto Accident

In Jones v. Home Owners Ins. Co.COA, a 2-1 unpublished opinion, the Michigan Court of Appeals held that a claimant suffering disabling injury in an auto accident was entitled to no-fault wage-loss benefits under Michigan’s No-Fault Act, characterizing her as “temporarily unemployed” under MCL 500.3107a. MCL 500.3107 of the No-Fault Act provides for first-party insurer “work-loss […]

Supreme Court Clarifies Meaning of “Unlawful Taking” Under Exclusion in Michigan’s No-Fault Act for Motorcycle Accident Claims

As I had predicted in earlier posts, the Supreme Court has ruled that a motorcyclist who borrowed a stolen motorcycle, but did not know the motorcycle had been stolen, was entitled to benefits under Michigan’s No-Fault Automobile Insurance Act, and the “unlawful taking” exclusion did not apply.  The Court issued its opinion yesterday in Rambin v. […]

Michigan Supreme Court Denies Leave in Two of Three Cases Pending to Address Legal Causation Under No-Fault Act for Motorcycle Accidents

Last week I filed an amicus curiae (friend of the court) brief in the State Farm v. MMRMA case pending on application to the Michigan Supreme Court.  As I mentioned in my last post, there were two other cases, both pending on applications to the Court, which asked the Court to deal with the same […]

Supreme Court Amicus Brief Filed in State Farm v. MMRMA Case Considering Whether Police Vehicle Pursuing Speeding Motorcyclist Sufficiently “Involved” In Motor Vehicle Accident to Require Apportionment of Liability Among No-Fault Insurance Carriers

I filed an amicus curiae brief on behalf of Oakland County, Macomb County and Wayne County in this case, urging the Supreme Court to grant Michigan Municipal Risk Management Authority’s application or, alternatively, to reverse the Court of Appeals.  My brief is attached here:  Supreme Court Amicus Curiae Brief for Oakland, Wayne and Macomb Counties stamped […]

Court of Appeals Issue Yet Another Opinion Articulating Different View of “Causation” in Motorcycle Accident Coverage Under No-Fault Act

In Braverman ex rel Smutzki v Auto-Owners Insurance Company, the Court of Appeals issued another legal ruling on the extent or level of “involvement of a motor vehicle” in a motorcycle accident required under the No-Fault Act.  In the past couple of months, the Court of Appeals has issued two other opinions, each of which seem […]

Police Vehicle in Pursuit of Fleeing Motorcycle “Involved” in Motorcyclist’s Accident with Another Vehicle and County Liable to Participate with Auto Insurer in Reimbursement for Medical Care

In, State Farm v. MMRMA, the Michigan Court of Appeals addressed whether a police vehicle in pursuit of an uninsured motorcyclist who was fleeing was sufficiently “involved” in an accident between the motorcyclist and another vehicle such that the insurer of the latter vehicle (State Farm) could seek pro rata contribution from the county’s insurer, the […]

No-Fault Insurer Entitled to Judgment on Hospital’s Claim for Reimbursement of Medical Expenses for Motorcyclist’s Injuries for Accident Caused in Avoiding Collision with Motor Vehicle

In DMC v. Progressive, The Court of Appeals reversed a trial court judgment for the plaintiff hospital which sought reimbursement from defendant no-fault insurer of medical expenses for care to an injured motorcyclist. The motorcyclist suffered serious injuries after he ditched his bike to avoid a collision with an automobile about to cross into his path. […]