Negligence Law Section e-Newsletter
Issue 4 Volume 4 Summer 2013

Thomas W. Waun
Waun & Parillo PLLC
twaun@waunlaw.com

Summer is now in full swing. I hope all of our members are enjoying the summer and are able to spend some vacation time with family and friends.

As you recall from my January message, our Section made a decision to proactively seek a legislative solution to the runner/capper problem that exists in no-fault cases. Section members have had several meetings in Lansing with legislators and were successful in drafting legislation that has been introduced on the House Floor. Specifically, HB 4770 and HB 4771 were introduced on May 23, 2013, and referred to the Judiciary Committee.

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From Lugo to Hoffner: The Evolution of Effectively Unavoidable

Devon R. Glass
Secrest Wardle
(517) 886-1224
dglass@secrestwardle.com

The Michigan Supreme Court's decision in Lugo v. Ameritech Corp. made significant changes to premises liability law that still have reverberations in Michigan more than a dozen years later. Prior to Lugo, the responsibility of a property owner to a invitee existed as "a duty to exercise reasonable care to protect the invitee from an unreasonable risk of harm caused by a dangerous condition on the land." This was the standard established under Bertrand, but this standard was not, according to the Court in Lugo, well understood by the courts in Michigan and a more clear statement of the duty owed by a property owner was needed.

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Collecting On The Policy

Hal O. Carroll

If all goes well in the underlying liability case and the insurer has accepted coverage, then collecting on the policy is a simple matter. Once the interest is calculated and brought up to date, the insurer will usually issue the check. By the way, the rule that the rate is 12% because a policy is a "written instrument" has been abrogated. The rule came about because the interest statute simply referred to "written instruments," and what legal document isn't? But the legislature fixed the problem by distinguishing between interest-bearing instruments and "a written instrument that does not evidence indebtedness with a specified interest rate," for which the regular six-monthly rates apply. MCL 600.6013(6).

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The Michigan Association for Justice in cooperation with the Michigan Defense Trial Counsel offer their membership and the public this first time opportunity to purchase: Motor Vehicle No-Fault Law in Michigan 2011 Edition

How Much Are You Worth? Value-Of-Life Testimony and Its Evidentiary Challenges

By Trent B. Collier
Collins Einhorn

If all goes well in the underlying liability case and the insurer has accepted coverage, then collecting on the policy is a simple matter. Once the interest is calculated and brought up to date, the insurer will usually issue the check. By the way, the rule that the rate is 12% because a policy is a "written instrument" has been abrogated. The rule came about because the interest statute simply referred to "written instruments," and what legal document isn't? But the legislature fixed the problem by distinguishing between interest-bearing instruments and "a written instrument that does not evidence indebtedness with a specified interest rate," for which the regular six-monthly rates apply. MCL 600.6013(6).

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Michigan Lawyers Weekly wants to hear about your Verdicts & Settlements:

Please submit recent civil cases (within the past six months) where you prevailed—whether in a jury verdict or a settlement—so they may publish them.

Questions about Lawyers Weekly's Verdicts and Settlements policy may be directed to the editor at (800) 678-5297 or editor@mi.lawyersweekly.com

Legislative Update

Todd Tennis
Captiol Services, Inc.

The Legislature has recessed for the summer months following a contentious June. The last days before the summer break were highlighted by the unsuccessful attempt to adopt a Medicaid Expansion/Reform package. In addition, the Legislature took up other controversial issues such as the dissolution of two school districts and mortgage foreclosure policies.

As for issues of major import to negligence law attorneys, it was a fairly quiet spring. Despite nearly constant rumors of imminent movement on legislation to make major reforms to Michigan's Auto No-Fault system, nothing materialized before the break. Similarly, there was no movement on any medical malpractice reforms. On the positive side, the House Judiciary Committee held a hearing on a three bill package that was proposed by the Section to limit access to police reports and restrict the ability to directly solicit accident victims for services (see Chair Waun's article for more information). All of these issues, for better or ill, will lay dormant over the summer until the Legislature returns in September.

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Spring Meeting Thank You

We thank the sponsors who supported us with the Cabo San Lucas event, April 20-24, 2013

Sponsors:
Negligence Law Section with Michigan Association for Justice and MDTC thanks the 2013 Spring Meeting Sponsors

Beth Cannon Weaver—Legal Copy Services, Inc.bcannon@legalcopyservices.com

Lauren Bienenstock—Bienenstock Court Reporting & Video
lauren@bienenstock.com

Mark M. Bello—Lawsuit Financial Corporation
lawsuitllc@yahoo.com

Daniel P. Makarski—Secrest, Wardle, Lynch, Hampton, Truex & Morley PC
dmakarski@secrestwardle.com

Mark R. Vogel—Ringler Associates
mvogel@ringlerassociates.com

Patrick Dunleavy -Dunleavy & Associates
pdunleavy@dunleavyandassociates.com

Robert Yano—Leading Technologies, LLC, Consultants and Forensic Experts
Bob@LTForensicExperts.com

Ray Horenstein & Jason Rosenfeld—Rosenfeld Insurance Agency
rhorenstein@rosenfeldagency.com

2013 Outstanding Achievement Award

The Negligence Law Section of the State Bar of Michigan proudly confer this Outstanding Achievement Award upon William F. Mills For his distinguished service to the legal community. Mr. Mills will be recognized on Thursday August 1, 2013, at the Amway Grand Hotel. Please contact us if you are interested in attending the reception to honor him.

Prior Recipients:

2008—Justice Elizabeth Weaver
2009—Attorney, Dean Robb
2010—Judge Elizabeth Gleicher, Michigan Court of Appeals
2011—Justice Michael Cavanagh
2012—Willam D. Booth
2013—William F. Mills

In This Issue
Message from Chair
Insurance Coverage Advisor
Legislative Update

State Bar of Michigan Negligence Council

CHAIR
Thomas W. Waun
Waun & Parillo PLLC

VICE CHAIR
Steven B. Galbraith
Galbraith, Delie & James PC

SECRETARY
Jody L. Aaron
Johnson Law

TREASURER
Michael R. Janes
Martin, Bacon & Martin PC

COUNCIL
Thomas R. Behm
Gruel Mills Nims & Pylman LLP

Mark Bernstein
Bernstein Law Firm

James R. Bradley
Secrest Wardle

Megan Cavanagh
Garan Lucow Miller PC

Ronald F. DeNardis
DeNardis & Miller PC

Jennifer M. Grieco
Neuman Anderson PC

Ven Johnson
Johnson Law

Anne L. Randall
Portnoy & Roth PC

Robert M. Raitt
Michigan Auto Law

Michael J. Sullivan
Collins, Einhorn, Farrell & Ulanoff PC

EX OFFICIO
Paul J. Manion
Rutledge, Manion, Rabaut, Terry & Thomas PC

COMMISSIONER LIAISON
Brian D. Einhorn
Collins, Einhorn, Farrell & Ulanoff PC

LOBBYIST
Todd N. Tennis, Lansing

EDITORS
Anne L. Randall
Michael J. Sullivan

EXECUTIVE DIRECTOR
Madelyne Lawry

Advertise in this publication—contact Madelyne Lawry, Advertising Information
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Negligence Law Section
PO Box 66
Grand Ledge, MI 48837
neglawsection@comcast.net
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