Neil E. Hansen won a Motion for Summary Disposition in a lawsuit for personal protection insurance (PIP) benefits in the case of Hindenlang v State Farm. Defendant argued that the undisputed facts established that Plaintiff was operating an electric wheelchair in the roadway at the time the underlying accident occurred. When the accident happened, Plaintiff sought to collect PIP benefits under the insurance policy covering the driver of the other vehicle involved in the accident.
In Titan Ins. Co. v State Farm Mut. Auto. Ins. Co., No 321112 (Mich App August 11, 2015), the Michigan Court of Appeals reversed the lower court’s determination that State Farm’s claim for reimbursement was timely when it failed to provide requisite notice of the injury within one-year as required by MCL 500.3145(1).
The Court of Appeals had issued unpublished decisions with opposite holdings regarding whether a plaintiff who settled a personal-injury protection claim with his or her no-fault insurer can later sue the same insurer for not paying uninsured-motorist benefits. On August 11, 2015, in a published decision, the Michigan Court of Appeals has ruled that a plaintiff who settled a PIP claim CAN still bring a subsequent cause of action for UM benefits.