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No Fault Update: Assignments and the Real Party in Interest
Name: C-Spine Orthopedics, PLLC v. Progressive Michigan Ins. Co. Court: Michigan Supreme Court Issued: July 3, 2025 INTRODUCTION This summer, we tracked several updates to No-Fault Act case law developments from across the Michigan Supreme Court and Court of Appeals. Included herein is a salient discussion of those updates. In C-Spine , Progressive argued that C-Spine could not maintain an action because they assigned away their claims and hence, were not the parties in inter
Aug 8, 20256 min read
"Amount Disputes are No Basis for Rejecting a Proof of Loss," says the Court of Appeals
Name: Memberselect Insurance Company v. Sam Yono and Muntaha Yono Court / Judge: Oakland Circuit Court; Michigan Court of Appeals Issued: May 8, 2025 INTRODUCTION On May 8, 2025, in Yono v. MemberSelect , the Michigan Court of Appeals held that “satisfactory proof of loss does not require agreement of the parties as to the amount of damage.” MemberSelect rejected the Yonos’ proof of loss—claiming the amount was excessive and not supported by the proofs—and the parties entered
Jun 10, 20254 min read
Court of Appeals Upholds Rental Release
NAME: Matthew Burchard v Treetops Acquisition Company, LLC COURT / JUDGE: Otsego County Circuit Court; Michigan Court of Appeals ATTORNEYS: Plaintiff: Gregg Herman of Gregg E. Herman, P.C. & Mark Bendure of Bendure & Thomas, PLC Defendant: Kailen C. Piper & David Carbajal, O'Neill, Wallace & Doyle, P.C. ISSUED: March 14, 2024 INTRODUCTION On March 14, 2024, the Michigan Court of Appeals affirmed the Otsego County Circuit Court's Order granting summary disposition to the Defen
Jul 15, 20243 min read
No Fault Update: 2019 Amendments Apply Prospectively
Case Name: Andary v. USAA Casualty Insurance Company et. al. Court: Michigan Supreme Court Issued: July 31, 2023 INTRODUCTION On July 31, 2023, the Michigan Supreme Court issued its 5-2 decision Andary v. USAA Casualty Insurance Company et. al. The key issues addressed by the Court included whether the 2019 amendments to the Michigan No-Fault Act apply retroactively and whether prospective application of said amendments is constitutional. The Court held that the 2019 amendme
Aug 1, 20232 min read
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