| Contact Us:
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1001 Woodward, Ste 900
Detroit, MI 48226
313-963-1860
313-963-9265 fax
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Attorneys
Michael J. Hutchinson
|
Phillip R. Reed
Tara S. Cannatella
Jennifer R. Anstett
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"Ability will never catch up to the demand for
it"
- Malcolm
Forbes
"I learned an important lesson in the art
of debate. Present your argument clearly, arm
yourself with cutting wit, and of course, bob and
weave!"
- Takayoki Ikkaku, Arisa Hosaka,
Toshihiro Kavabata; Animal Crossing: Wild World,
2005
"We can be sure that the greatest hope for
maintaining equilibrium in the face of any
situation rests within ourselves."
- Francis J.
Braceland |
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Hutchinson
& Associates Announces New
Arrival |
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On Sunday,
January 10, 2009 at 2:03 a.m., Tara Cannatella
delivered 8 lb 4 oz Brady Anthony Cannatella.
Brady and mom are doing well.
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Serious
Impairment Update |
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Although
legislative changes to the no-fault act are mired
in the state legislature, the Supreme Court is
considering alteration of the Kreiner requirement
that a no-fault benefit claimant's injuries affect
that person's general ability to lead his or her
normal life.
Oral arguments were
held before the court on January 12, 2010 for a
case involving a broken ankle with subsequent
hardware insertion. The Court of Appeals upheld
the trial court's grant of summary disposition of
the basis that the plaintiff had not sustained a
serious impairment.
The Supreme
Court dynamics changed with the election of a new
justice. Leave to appeal was granted which
has led to some speculation that at
least some justices are considering altering the
serious impairment requirements to a less
stringent standard.
The Supreme
Court's opinion could be released at anytime
before the end of the July 2010 term.
It is thought that a decision favorable to
plaintiffs may result in a surge of
filings. We have made arrangements to
handle this surge, in the event it occurs, as
we did in the late 1990's after tort
reform. |
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No-Fault
Claim Notice
Requirements |
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In an unpublished
case, the Court of Appeals held that, although an
insurer's on-screen report generated by a
post-accident telephone call from the plaintiff's
mother constituted written notice of a no-fault
claim pursuant to MCL 500.3145, the report was
inadequate because it did not provide information
about the nature of the plaintiff's injury. A
shoulder bone bruise was mentioned but benefits
were sought based solely on a traumatic brain
injury.
The Court also held that the
police report, which the insurer obtained on its
own shortly after the accident and which indicated
that the plaintiff was injured and transported to
a hospital, was insufficient because no one on
plaintiff's behalf submitted the report and it did
not contain information regarding the nature of
the plaintiff's injury.
The Court
also decided that an insurance company
investigator's activities did not constitute
notice because they were performed by the insurer
regarding the collision damage claim and provided
no indication that the plaintiff sustained an
injury.
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