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Page Graves

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 […]

Page Graves

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 […]

Page Graves

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, ___ […]

Page Graves

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 […]

Page Graves

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 […]

Page Graves

Chiropractic Care Reimbursement Restricted by No-Fault Act

On February 9, 2016, the Michigan Court of Appeals issued a Published Opinion that restricts certain reimbursements for chiropractic care under the no-fault act.  The case is Measel v Auto Club Ins Co.  The basic facts are that Ms. Measal […]

Page Graves

Increasing Speed Limit Raises Safety Questions for Michigan Motorists

The Michigan Legislature is, again, debating a proposal to raise the speed limits for state and county roadways.  The package of bills (HB 4423  thru 4427) have been passed by the House Transportation Committee (Chaired by Republican, Peter Pettalia, District 106) and will now […]

Page Graves

Medical Provider No-Fault Rights Strengthened Again

Since last week’s blog post, the Michigan Court of Appeals issued yet another published decision strengthening a medical provider’s independent standing to pursue no-fault benefits.  The case is Chiropractors Rehabilitation Group v State Farm Mut Ins Co, found here.   As has […]

Page Graves

Roundabouts on M-72 (Traverse City, Michigan)

With the growth and development progressing from Acme, east toward Kalkaska, the MDOT has elected to redesign M-72 to include roundabouts.  While MDOT proclaims roundabouts will decrease accidents and improve safety, a closer reading of its own exhaustive study reveals […]

Page Graves

The Posted Speed Is Not Necessarily The Safe & Prudent Speed

It is striking to both see first-hand and then also hear a witness defensively testify that he was “driving the posted speed limit”, albeit in poor weather conditions, poor light (e.g., nighttime driving) or even around a curve on a road.  The […]