Negligence (Minors) Update-- " Child's Play ": Court of Appeals Upholds the Reasonable 13-year-old Standard Set Forth in Ray v. Swager. Abuaita v Abuaita Introduction In a negligence action,minors will generally be held to the subjective child standard of care / duty,i.e. whether the child acted with the degree of care that would be reasonably expected of a child of similar age, intelligence, capacity and experience. However, when there are no facts to support these factors i

No-Fault Update—Mayor of Detroit Pursues Action to Declare the Michigan No-Fault Act Unconstitutional Duggan v. McPharlin Introduction Detroit Mayor Mike Duggan filed an action to have the Michigan No-Fault Act declared unconstitutional under the Michigan and Federal Constitutions. Although it might seem far-fetched, it is not unprecedented—the Michigan Supreme Court declared an early version of the No-Fault Act unconstitutional in 1978. See Shavers v Kelley, 402 Mich 554, 60

No-Fault Update--The Michigan Court of Appeals Reviews Voluntary Payments of an Insurer as Admissions of an Injury Ross v Dyment , Dkt. No. 341273 (Mich Ct. App. March 14, 2019) Introduction The Michigan Court of Appeals recently issued an unpublished Opinion in Ross v Dyment finding that the plaintiff in an action for uninsured/underinsured motorist ("UM/UIM") benefits was allowed to argue that the insurance company admitted that the plaintiff's injuries were related to the

No-Fault Update—The Michigan Court of Appeals Reviews Balance Bills and Fraud in Personal Injury Protection ("PIP") Claims The Michigan Court of Appeals recently issued two opinions impacting PIP litigation. In Auto-Owners Insurance Company v. Compass Health PLLC , Dkt. No. 339799 (Mich. Ct. App. Dec. 18, 2018), the Court found that medical providers can bring balance bill claims against an insurer pursuant to an assignment; despite the insured not having the same right. Next