Speaker Law Firm Speaker Law Firm

Healthcare Providers Cannot Circumvent Eligibility Requirements Of No-Fault Act By Invoking Their Direct Cause Of Action Under MCL 500.3112

A healthcare provider that treats an injured person for an accidental bodily injury is not entitled to recover no-fault personal protection insurance (PIP) benefits under MCL 500.3112 when the injured person is an "owner" of an uninsured motor vehicle under MCL 500.3101(3)(l)(i) and therefore ineligible to receive PIP benefits under MCL 500.3113(b).

Read More
Speaker Law Firm Speaker Law Firm

Court Of Appeals Affirms No-Fault Attorney Fees Award And Rejects Insurer’s After-The-Fact Defense

An insurer was not entitled to a new trial based on unpreserved references to a third party’s drunkenness because the verdict was supported by the evidence and any prejudice was cured by jury instructions. The trial court also properly awarded no-fault attorney fees under MCL 500.3148(1), as the insurer’s prior acknowledgment of the injury made its denial unreasonable, and a later record review could not create factual uncertainty retroactively.

Read More
Speaker Law Firm Speaker Law Firm

Court Of Appeals Affirms Insurer’s Priority In DART Bus Injury Case Under No-Fault Act Exception

MCL 500.3114(2)(c) prioritizes vehicles “operated in the business of transporting passengers” and contains a related carveout for “a bus operating under a government sponsored transportation program.” In this case, the Court of Appeals ruled that this subsection applies in this case, and it affirms the trial court’s grant of summary disposition in favor of the defendant.

Read More