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Truck Driver Wins PIP Priority Dispute

The Michigan Court of Appeals has ruled that a truck driver was improperly classified as an independent contractor in a No-Fault insurance priority dispute. This required a reversal of summary disposition granted in favor of the insurance company.

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Dean Underwood
Michigan Supreme Court Addresses Amended Witness Lists

In a unanimous 26-page opinion filed by the Michigan Supreme Court in Smith v. Beaumont Health, the Michigan Supreme Court addressed the standard for filing an Amended Witness List. In this case, the Trial Court denied Plaintiff’s motion to file an amended witness list after Plaintiff’s medical expert became unavailable

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Dean Underwood
Stolen Vehicle Precludes PIP Claim

The Michigan Court of Appeals has ruled that a person was not entitled to recover personal protection insurance (PIP) benefits where the PIP claimant was driving a vehicle which she took without permission of the vehicle owner.

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Peter Angelas
Insurance Policy Rescission; When, How and Why?

Insurance companies are very adept at documenting the information provided when a policy is purchased. They record calls and maintain the application for insurance. They generally do not research whether the information provided by the insured is accurate until after a claim is filed. If an insurance company determines that materially false representations were made when the policy was purchased, it has an option known as “rescission.” This action cancels the insurance policy and permits the insurance company to reject any claims made under the policy.

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Peter A. Angelas, Esq.
No-Fault PIP Benefits Owed to Injured Motorcyclist; Order of Priority

When a motorcyclist is injured in an accident involving a motor vehicle, the motorcyclist obtains personal injury protection (PIP) benefits according to the order of priority specified under MCL 500.3114 (5). First in the order of priority to pay is the insurer of the owner or registrant of the motor vehicle involved in the accident. Next is the insurer of the operator of the motor vehicle involved in the accident. Next is the motorcyclist’s own insurance, and so on down the line.  But what happens if the PIP benefits available from the first- in- priority insurer are exhausted?

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Dean Underwood
When And How to Obtain Cellphone Records in Michigan

Often during the course of civil litigation, it is important to obtain information which is commonly recorded by cellphone providers. Cellphone records are particularly helpful to determine whether an individual was driving distracted at the time of a motor vehicle accident. However, there are many impediments to obtaining cellphone records.

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Peter A. Angelas, Esq.