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Auto, Med Pay, PIP

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Michigan Flag

Join MWL For A Complimentary Webinar on Changes to Michigan’s No-Fault Scheme

Auto, Med Pay, PIP, NewsletterJuly 14, 2020

Attorneys Stephen Smith and Jacob Simon will be presenting a complimentary one-hour live webinar on A Riddle, Wrapped in a Mystery, Inside an Enigma: Changes to Michigan’s No-Fault Scheme on July 28, 2020 at 10:00-11:00 a.m. (Central). The Michigan Legislature…

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Michigan Flag

Historic Changes To Michigan No-Fault Law Effective July 1, 2020

Auto, Med Pay, PIP, NewsletterApril 14, 2020

The Michigan Legislature passed no-fault auto insurance laws in 1973 and like a T-Rex guarding its bone, has been holding on to this dysfunctional approach to auto insurance ever since. Instead of running away completely from the problem and joining…

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Car Rental

Subrogating Rental Car Company Physical Damage And Loss Of Use Claims

Auto, Med Pay, PIP, NewsletterApril 8, 2020

Automobile rentals is a $29 billion industry and constitutes a significant portion of the transport sector in America. In 2018, there were 2,212,925 rental vehicles on U.S roads. There are six million auto accidents in the U.S. every year, and…

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Loss of Use Claim

When Is A Vehicle Considered Totaled?

Auto, Med Pay, PIP, NewsletterFebruary 25, 2020

When and whether a vehicle involved in a collision is considered “totaled” for first-party insurance purposes is an issue of great angst and confusion for most consumers. We hear horror stories of older but functioning vehicles being “totaled” simply due…

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Massachusetts Flag

Massachusetts Weighs In On Third-Party Liability For Diminished Value Damages

Auto, Med Pay, PIP, NewsletterJanuary 30, 2020

Martins v. Vermont Mutual Ins. Co., 2019 WL 3818293 (D. Mass. 2019) A federal district court in Massachusetts has ruled that Massachusetts tort law does not provide for recovery of “inherent diminution in value” damages by a third-party claimant. The…

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Montana Flag

Recent Decisions Slowly Restoring Made Whole Sanity In Montana

Auto, Med Pay, PIP, NewsletterJanuary 20, 2020

Montana remains one of the toughest states to subrogate in because it has a very strict made whole policy. It is the rule in Montana that an insured must be totally reimbursed for all losses as well as costs, including…

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Texas Barn

WHERE’S THE BEEF? Subrogating Livestock/ Vehicle Collisions In Texas

Auto, Med Pay, PIP, NewsletterJanuary 14, 2020

There are 22 million vehicles registered in Texas. There are also 13 million head of cattle, the most in the country and over twice the number of the state with the second-most—Nebraska.[1] Cattle and cars intersect more often than insurance…

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Gavel on Florida Flag

Florida PIP Subrogation And The Mysterious “Commercial Vehicle” Exception

Auto, Med Pay, PIP, NewsletterDecember 19, 2019

Let’s just say it. Florida PIP subrogation is a pain in the butt. The state was almost out of the weeds in 2007 when its no-fault laws automatically sunsetted; but the legislature passed a new no-fault law which took effect…

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Oregon Flag

Oregon Senate Bill 421’s Effect On PIP And Health Insurance Subrogation Sounds Worse Than It Is

Auto, Med Pay, PIP, NewsletterNovember 15, 2019

On March 23, 2015, Oregon Governor Kate Brown signed into law Senate Bill 411 which made PIP and UM/UIM subrogation much more intimidating, but perhaps only slightly more difficult. The new bill amended several Oregon statutes, doubled the PIP medical…

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South Dakota Flag

South Dakota Supreme Court Invents Policy Ambiguity, Denies Med Pay Subrogation

Auto, Med Pay, PIP, NewsletterOctober 15, 2019

James v. State Farm Mutual Auto. Ins. Co., 929 N.W.2d 541 (S.D. 2019). The origins of auto insurance can be traced all the way back to the ancient Chinese when investors took out insurance policies on cargo ships crossing the…

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