When you buy insurance for your automobile, you want to protect those in your car as much as a known person in another vehicle if someone is seriously injured.  Michigan no-fault insurance companies are doing what they can to reduce coverage for your loved ones, even though you are paying for full insurance protection.  Some insurance companies are employing a step-down auto insurance clause, which is a provision that applies […]

In a recent case, a woman fell and injured her back when brick and mortar steps beneath her crumbled.  The land owner brought, and was awarded, a summary disposition dismissing the case at the trial level. Upon appeal, the Court of Appeals held that the land owner has an actual duty to take reasonable steps to prevent dangerous conditions, which could include the duty to inspect.  However, an injured party’s […]

As in all premises liability cases, a dangerous condition is open & obvious if “an average user with ordinary intelligence would have been able to discover the hazard and risk presented upon casual inspection.”  The Court of Appeals and Supreme Court have been using this defense to have cases tossed out of court and many Plaintiffs’ attorneys will not take such cases. However, inroads have been made against this open […]

Black Ice Not an Open & Obvious Case Allowing Plaintiffs a Recovery: In any slip and fall case the Defendants in today’s system of justice always argue that the condition was open & obvious to a person of ordinary intelligence with casual observation. If the condition is in fact open & obvious and does not meet any of a very limited number of exceptions, there is no duty, and if […]

In 2014, Robert L. Blamer handled a first party no-fault case which on its surface was very easy, but made very difficult by fighting insurance companies. Mr. Blamer won both at the trial court level and the Court of Appeals level where the Court of Appeals awarded Mr. Blamer and CMDA substantial attorney fees because of the insurance companies’ failure to act reasonably and also awarded the Plaintiff all first […]

Michigan’s No-Fault Law was designed to take care of certain financial needs of an injured person or injury party when the injury occurs during the ownership, operation, or maintenance of an automobile accident regardless of who caused the injury. These financial losses, more commonly referred to as economic losses, can arise not only in the traditional sense when one is driving or riding in a motor vehicle, but also when […]

If an accident occurs: Try to remain calm and thoughtful. If you or anyone in your car is injured, stay in the car unless there is danger of fire or another accident. Use your cell phone to get help from the police and medical personnel. Avoid making statements about responsibility to other drivers, witnesses, the police or insurance representatives without talking to your own insurance representative. Assist the police with […]

Since 1972 Michigan has operated under a no-fault law for accidents that occur involving the use, operation, or maintenance of a motor vehicle. This article explains the no-fault law, along with some tips to ensure you have appropriate motor vehicle coverage. When you purchase automobile insurance you obtain certain minimum, standard coverages. If you do not buy motor vehicle insurance for a vehicle you own and are injured while driving […]

The Michigan No-Fault system provides two mechanisms of recovery when a person is injured in a motor vehicle accident. First party benefits provide the claimant with medical expenses, wage loss, replacement services and, in the case of death, survivors’ loss benefits. Meanwhile, third party benefits provide the claimant with compensation for pain and suffering. The focus of this article is on first party benefits only. With regard to first party […]