In a frustrating, bewildering and confounding opinion in McPherson v. McPherson, the Michigan Supreme Court contradicted itself on the proper definition of No Fault causation, specifically about whether Ian McPherson’s spinal cord injury was caused by his motor vehicle accident.
On the one hand, the Supreme Court majority – comprised of the court’s four Republican justices but also the recently-elected Democratic justice Bridget Mary McCormack – concluded that the “causal connection” between Mr. McPherson’s injury and his accident was “insufficient” and, thus, the majority denied his claim for No Fault benefits.
Last week I wrote about the much needed new bills aimed at stopping the growing problem of attorney solicitation in this state. Injury attorneys are looking up accident victims’ police reports, and using the information to call them, send them mail and even knock on their doors in hopes of drumming up business. This has become a major problem, and it should be stopped now.
My blog post about attorney solicitation probably hasn’t made me many friends amongst certain lawyers in the plaintiff’s bar. I expect this post to likely be the same.
A recent, published opinion by the Michigan Court of Appeals in ZCD Transportation, Inc., v. State Farm Mutual Automobile Insurance Company, has ruled that the amount that a No Fault auto insurer will have to pay for a seriously injured auto accident victim’s transportation services depends on how those services are characterized:
No Fault “reform” House Bill 4612 is a good example of the saying “pigs get fat, hogs get slaughtered” in action. HB 4612 was the most extreme insurance industry wish-list to date. The insurance companies threw moderation to the wind, and tried to make a power play to grab as much as they can while the Republicans, who currently hold all three branches of government in Michigan, are in power.
I write a monthly column for lawyers. Most of my advice columns in Attorney at Law Magazine are for other Michigan lawyers, and include tips and strategies for car accident and truck accident cases. But this month I chose to write about the new No Fault “reform” bill House Bill 4612, frankly because almost no one fully understands just how terrible this would be for accident victims and drivers.
Here’s my column:
No Fault “reform” House Bill 4612 is an example of the saying pigs get fat, hogs get slaughtered. It is the most extreme insurance industry wish-list to date, a cynical attempt by the insurance industry to grab as much as they can while the Republicans hold all three branches of government.
Michigan Millers Mutual Insurance Company has decided to enter the No Fault reform propaganda war. Too bad its claims are completely false.
Michigan’s auto insurance companies are “highly profitable,” contrary to the recent inaccurate and rather sensationalistic claims by Michigan Millers Mutual Insurance Company.
On its Facebook page on May 13, 2013, Michigan Millers Mutual made the following outlandish and unsubstantiated claim:
Rep. Phil Cavanagh (D-Redford Township), makes an incredibly important point in his guest blog post today.
Referring to testimony at the recent House Insurance Committee hearing on House Bill 4612 that the Michigan Catastrophic Claims Association is “unsustainable” and it is hurting insurers’ credit ratings (when did this become a concern of the Michigan Legislature?), Rep. Cavanagh asks the obvious and logical question:
Oakland County Executive L. Brooks Patterson has voiced his strong and vocal support for Michigan’s No Fault insurance system. And now we learn a little more as to why.
In this latest interview with attorney Steven Gursten of Michigan Auto Law, Mr. Patterson discusses one of the personal inspirations that caused him to become a staunch supporter of Michigan No Fault auto insurance. Meet car accident and spinal cord injury survivor Erica Nader Coulston, and learn more about the work she’s doing for auto accident victims who are paralyzed and seriously injured at her medical rehabilitation facility in Southfield, Michigan, called Walk the Line to Spinal Cord Injury Recovery.
On Thursday, the Republican-controlled House Insurance Committee approved HB 4612, which would make sweeping changes to Michigan’s No Fault law and specifically, it’s currently unlimited, lifetime medical benefits for auto accident victims.
The committee approved capping No Fault medical benefits at $1 million and $250,000 for injured motorcyclists.
The committee also passed four amendments to HB 4612. All five amendments passed, making the following changes to the bill: