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Legal News

You Stole a Vehicle and Got Yourself Injured in a MVA; Can You Recover No-Fault Benefits?

In a recent Michigan Court of Appeals decision in Pena-Cruz v. State Farm Mut. Auto. Ins. Co., the appellate court considered the trial court’s decision on defendant insurance company’s Motion for Summary Disposition. The trial court had denied the motion to dismiss. The issue was whether plaintiff had permission to use the vehicle at the time of the accident in the context of MCL 500.3113(a) which bars a person from receiving no-fault benefits if, at the time of the accident, they were using a vehicle that ‘was taken unlawfully”.

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How to Determine Domicile and Order of Priority for Claim on Motor Vehicle Accidents

One of the first major steps when filing a claim under the Michigan No-Fault Act is to determine whether the individuals injured in the crash are entitled to benefits from their insurance company. MCL 500.3114 provides the general rule that a person who is injured while they are an occupant of a motor vehicle should first make a claim for Michigan No-Fault benefits with the auto insurance company on whose policy they are listed as a named insured. However, what should somebody involved in a motor vehicle accident do if they do not have auto insurance themselves?

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FILE MOTIONS IN LIMINE AND DON’T GET EATEN BY THE REPTILE

A Motion in Limine is a pretrial request asking a trial court to limit or exclude certain evidence from being presented to the jury. Attorneys and litigants tend to overlook the importance of filing these motions. They are either constrained by clients who want to minimize legal expenses, or are without sufficient resources to do the work necessary to research, draft, file and argue the motions. These things take time. This article discusses the failure to take that time.

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IS A CLAIM COVERED? LOOK BEYOND THE OBVIOUS

Every insurance adjuster is taught to first determine whether a claim is covered under the policy. The basics are to look at the date of loss, look at the dates of insurance coverage, look at the named insured, determine whether the defendant is an insured under the policy, by applicable statute, or common law.  But how often do insurance examiners adjusters miss the more nuanced coverage issues?

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