The Michigan No-Fault Act was adopted in 1973, and since then, there have been over 4000 Michigan appellate court opinions regarding the law. Sinas Dramis Law Firm has written case summaries regarding virtually all these opinions and continues to do so at the present time. The Michigan Auto No-Fault Law Digital Library is a compilation of all the case summaries from Sinas Dramis Law Firm. The case summaries are freely provided to further our goal of educating the public about the Michigan Auto No-Fault Law.
The Digital Library is fully searchable. Therefore, searching by case name or relevant terms is a good way to find the case summary and opinion. There is also an indexing system that allows you to find a case through a statutory index, topical index, alphabetical index, or chronological index.
To make it easy for the public to understand the latest developments in the law, the recent case summaries are listed below.
Sterling Heights Pain Management, PLC v. Farm Bureau Gen Ins Co of Mich (COA – UNP 12/22/2020; RB #4196)
In this forthcoming per curiam opinion, the Court of Appeals reversed the trial court’s decision to grant Defendant summary disposition on grounds that the Plaintiff healthcare provider was incorporated in violation of the Michigan Limited Liability Company Act (hereinafter MLLCA) because, consistent with Miller v. Allstate Ins. Co., 481 Mich. 601; 751 N.W.2d 463 (2008), Defendant lacked standing to challenge whether Plaintiff was properly incorporated or organized.
Owen v. Conto and State Farm Mut Auto Ins Co (COA – UNP 12/17/2020; RB #4195)
In this unpublished per curiam opinion, the Court of Appeals affirmed the judgment granting defendants $172,984.70 in attorney fees and costs as case evaluation sanctions because there was no evidence to suggest the trial court abused its discretion by awarding attorney fees in an amount greater than what defendants’ counsel was actually paid and no basis that the trial court abused its discretion by failing to hold an evidentiary hearing on Defendants’ request for case evaluation sanctions.
Estate of Parks v. Sandy and Pioneer State Mut Ins Co (COA – UNP 12/17/2020; RB #4194)
In this unpublished per curiam opinion, the Court of Appeals reversed and remanded the trial court’s order granting Plaintiff’s motion to reinstate uninsured motorist coverage against Defendant Insurer because collateral estoppel barred Plaintiff from relitigating the amount of damages it was entitled to recover from Defendant Sandy.
Ronnie Moussa El-Achkar v. Sentinel Insurance Company, Ltd. (COA – UNP 12/3/2020; RB #4191)
In this unpublished per curiam opinion, the Court of Appeals affirmed the trial court’s order requiring Defendant to reimburse Citizens Insurance Company for the amount it paid to Plaintiff, Ronnie EL-Achkar, to settle his claims for no-fault benefits because Plaintiff was an innocent third-party and a balance of the equities weighed against recission of the policy as it pertained to him.
Hubert LaFave v. Progressive Michigan Insurance Company (COA – UNP 11/24/2020; RB #4187)
In this unpublished per curiam opinion, the Court of Appeals affirmed the denial of summary disposition for Defendant on the issue of whether Plaintiff’s injury “arose out of the operation or use of a motor vehicle” because Plaintiff presented sufficient evidence to satisfy this requirement of the no-fault act.
Covenant Medical Center, Inc. v. Farm Bureau Mutual Insurance Company of Michigan (COA – UNP 11/24/2020; RB #4189)
In this unpublished per curiam opinion, the Court of Appeals reversed and remanded the trial court’s order granting summary disposition and double damages to Plaintiff on the issue of whether Defendant failed to make primary payment to Plaintiff or reimburse Blue Cross Blue Shield of Michigan (hereinafter BCBSM) under the Medicare Secondary Payer Act (hereinafter MSPA).