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Traverse City, Michigan

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    • The New Era of Medical Provider No-fault Litigation

      The New Era of Medical Provider No-fault Litigation

      So if you have not heard, the auto no-fault insurance law has changed in Michigan for medical providers.  After nearly 40 years of permissible statutory action under the no-fault act, the Michigan Supreme Court abruptly changed the law for medical providers.  The […]

    • Carbon Monoxide Exposure Inexcusable

      Carbon Monoxide Exposure Inexcusable

      The tragic news out of Niles, Michigan, this past weekend is both shocking and inexcusable.  The children were exposed to over 800 parts per million of carbon monoxide, which exceeds the permissible 35 parts per million industry standard.   Authorities investigating the […]

    • 2016-2017 No-Fault Year in Review

      2016-2017 No-Fault Year in Review

      [Annually, Smith & Johnson, Attorneys, P.C.’s law partner, L. Page Graves, is a featured speaker at the joint State Bar of Michigan’s and Institute of Continuing Legal Education’s Upper Michigan Legal Institute where he reviews and discusses the latest appellate […]

    • Call A Cab: Don’t Drink and Drive

      Call A Cab: Don’t Drink and Drive

      With summer tourism in full swing here in Northern Michigan, particularly with the upcoming Cherry Festival and 4th of July festivities in all our harbor towns and area inland lake communities, it is never too late or too redundant to advocate against […]

    • No-Fault Medical Provider Actions Now At Potential Risk

      No-Fault Medical Provider Actions Now At Potential Risk

      On May 27, 2016, the Michigan Supreme Court has effectively signaled a complete 180 from its stated opinion exactly one-year ago, despite no change in the Court’s current composition of justices.  Last May 28, 2015, the Michigan Supreme Court denied an application to appeal a decision […]

    • UBER & Michigan No-Fault Insurance Risks

      UBER & Michigan No-Fault Insurance Risks

      Before getting into an “Uber” car in Michigan, or for that matter becoming an Uber driver in Michigan, it would be prudent to thoroughly investigate the idea before proceeding with either plan.  There are several inherent insurance related risks associated with […]

    • Boat Owner’s Duty & Liability To Passenger While Boarding

      Boat Owner’s Duty & Liability To Passenger While Boarding

      The Michigan Court of Appeals has just reaffirmed a boat owner’s duty and resulting liability to his/her passengers while boarding.  The case is Lenhoff v Rechter, an unpublished per curiam opinion (Docket No. , dated May 12, 2016).  In Lenhoff, the plaintiff […]

    • Generic Notice of Injury Satisfies Statutory Notice for No-Fault PIP Benefits

      Generic Notice of Injury Satisfies Statutory Notice for No-Fault PIP Benefits

      The Michigan Court of Appeals issued a published decision affirming the basic rule that an injured claimant’s generic notice of injury constitutes sufficient notice to a liable no-fault insurer.  The case is Dillon v State Farm Mut Auto In Co, ___ […]

    • Medical Service Providers’ Coordination of Primary Health v. No-fault Coverages

      Medical Service Providers’ Coordination of Primary Health v. No-fault Coverages

      Medical service providers must carefully adhere to the procedures and administrative guidelines set forth in participating provider agreements with primary health insurers.  Failure to do so will prove fatal to any secondary no-fault claim.  That is exactly what happened to […]

    • No-fault PIP Benefit Claim Enforceable Without Written Notice of Claim Having Been Filed

      No-fault PIP Benefit Claim Enforceable Without Written Notice of Claim Having Been Filed

       Jesperson v Auto Club Ins Ass’n, ___ Mich ___ (2016)(Docket No. 150332, dated March 21, 2016).  In Jesperson, the injured person never submitted to the liable no-fault insurer, written notice of his no-fault PIP claim.  Notwithstanding the foregoing, more than […]