News & Insights
Category: Blog
Michigan’s Strict Liability Dog Bite Statute Doesn’t Mean Defendants Should Just Roll Over
Americans love their dogs. According to the American Veterinary Medical Association (AVMA), the United States had between 83,739,829 and 88,853,254 dogs in 2022, with 44.6% of households owning at least one. But even very good boys (and girls) can have very bad moments. As intelligent, loyal, and well-trained as dogs may be, […]
The Fall of the “Open and Obvious” Defense and the Status of Premises Liability Cases Almost a Year Later
On July 28, 2023, the Michigan Supreme Court issued a long-awaited opinion in the cases of Kandil-Elsayed v F & E Oil, Inc, and Pinsky v Kroger, 512 Mich 95 (2023) that dismantled the open and obvious defense and reshaped the legal framework for analyzing cases of premises liability. The […]
Proposed Michigan Insurance “Bill of Rights” Imposes Significant Burdens on Insurers
A new bill has been proposed in the Michigan Senate to create a “Bill of Rights” for insureds. This bill applies to all insurance policies, other than health insurance policies, and also applies to the handling of claims under insurance policies. The bill outlines various responsibilities and duties of an […]
Changes Coming to the Open and Obvious Defense in Michigan?
Since the Michigan Supreme Court decision in Lugo v Ameritech Corp Inc, 464 Mich 512; 629 NW2d 384 (2001), Michigan courts have allowed defendants in premises cases to argue the open and obvious defense. This defense acts as a complete bar to a premises liability claim where the premises’ condition […]
Caps on Noneconomic Damages for 2023
The Michigan Department of Treasury announced on January 31, 2023, that the 2023 cap on noneconomic damages in product liability cases where the product did not cause death or permanent loss of a vital bodily function is $537,900 (an increase of $40,900 compared to 2022). The indexed cap in cases involving […]
MAIPF Claim Doesn’t Toll One-Year Statute of Limitations for Personal Injury Protection Insurance Claims
In most Michigan car accidents, the drivers act responsibly, remaining on the scene and exchanging insurance and contact information. In such cases, identifying applicable personal injury protection (“PIP”) insurance coverage for injuries and losses and pursuing a timely claim against the insurer is relatively straightforward. But in hit-and-run accidents and […]
Michigan Money Judgment Interest Rate Moves to 1.739% on July 1, 2021
The Michigan Department of Treasury announced a money judgment interest rate for the second half of 2021, effective July 1, 2021, of 1.739%. MCL 600.6013 & 600.6455. The next money judgment interest rate will be announced Jan. 1, 2022.
Caps On Noneconomic Damages For 2021
The Michigan Department of Treasury has announced that the new caps on noneconomic damages in products liability cases where the product did not cause either death or permanent loss of a vital bodily function for 2021 is $476,000. The indexed cap in cases involving death or permanent loss of a vital […]
Major Changes to the Michigan No-Fault Act Coming in 2020
The Michigan Legislature made major revisions to the Michigan No-Fault Act of 1973 by amendments with immediate effect June 11, 2019. Among the more significant changes are the 12 listed below: For policies effective July 1, 2020, or later, a consumer must be provided a choice of policy limits of […]