As a service to its clients, Kallas & Henk publishes Michigan Coverage Decisions. This publication summarizes and analyzes every appellate decision in Michigan addressing or impacting property and casualty insurance.

The ten most recent issues are listed on this page. To search the full database of our Michigan Coverage Decisions Issues by Topic, Keyword, or Issue Number use the search form to the left.

Recent Cases

Michigan Coverage Decisions, Issue 81

Darryl Castillo Jr et al v Citizens Insurance Company et al.

Unpublished. Decided December 6, 2005 Michigan Court.

The Plaintiff, assignee of the insured, sought recovery from the Defendant homeowners and commercial general liability insurance carriers. The insured ran an in-home day care service at which the Plaintiff’s decedent drowned. The homeowners policy contained a
Read more

Michigan Coverage Decisions, Issue 80

LE Diehl v Liberty Mutual Group et. al.

Unpublished. Decided November 29, 2005 Michigan Court of Appeals Docket No. 253596.

Plaintiff’s property was damaged by the Defendant contractor and the Defendant insurance carrier refused to reimburse the Plaintiff for the damages. The Defendants argued that Plaintiff was not a thirdparty beneficiary of the contract and
Read more

Michigan Coverage Decisions, Issue 79

Allstate Ins. Co. v Jacob Dempsey et. al.

Unpublished. Decided November 22, 2005 Michigan Court of Appeals Docket No. 253373.

The Plaintiff homeowners insurer filed an action for declaratory relief to determine that it had no obligation to indemnify its insured for a third-party injury lawsuit resulting from a fight. The policy required an “occurrence”,
Read more

Michigan Coverage Decisions, Issue 78

Citizens Ins. Co. v Pro-Seal Service Group et. al.

Published. Decided November 1, 2005 Michigan Court of Appeals Docket No. 262759.

The insurance carrier denied liability for a third-party suit alleging violation of trademark infringement, counterfeiting and trade-secret misappropriation. The policy defined advertising injury by enumerated offenses and excluded coverage for advertising injury caused by
Read more

Michigan Coverage Decisions, Issue 77

Melanie Holland et. al. v Pronational Ins. Co.

Unpublished. Decided October 6, 2005 Michigan Court of Appeals Docket No. 254975.

This coverage dispute arises out of a medical malpractice lawsuit by the patient claiming to have been sexually assaulted during treatment. The insured sued to have the Court declare the insurers duties for defense and
Read more

Michigan Coverage Decisions, Issue 76

Joy Kline v Gulf Ins. Co.

Decided September 12, 2005 US Western District Court, Southern Division Case No. 1:01-CV-213.

In a prior decision, the Court determined the proper payment amount for the umbrella is above the th deductible, self-insured retention amount and the excess policy. On appeal, the 6 Circuit raised the question of if
Read more

Michigan Coverage Decisions, Issue 75

Tamira Jones v Auto Club Ins. Group

Unpublished. Decided August 23, 2005 Michigan Court of Appeals Docket No. 261089.

Plaintiff submitted claims for first-party and uninsured motorist benefits. The insurer paid the first-party but found several material misrepresentations and denied the uninsured motorist claim based on the policy’s concealment and fraud clause. The fraud clause
Read more

Michigan Coverage Decisions, Issue 74

Paul E. Brondyk v Midwestern United Life Ins. Co.

Unpublished. Decided August 4, 2005 Michigan Court of Appeals Docket No. 252859.

The insured filed suit to reform his insurance contract to reduce his premium. The Plaintiff insured had submitted a renewal application to make changes on his policy. The agent represented that the premiums would
Read more

Michigan Coverage Decisions, Issue 73

Farm Bureau General Ins. Co. v William Koch et. al.

Unpublished. Decided July 21, 2005 Michigan Court of Appeals Docket No. 252659.

The insurance carrier initiated a declaratory action and the insureds filed a counter-claim alleging negligence in the handling of an ice damming property claim. The Trial Court denied the insurer’s motion for partial
Read more

Michigan Coverage Decisions, Issue 72

Charlotte Jackson v State Farm Mutual Ins. Co.

Decided June 30, 2005 Michigan Supreme Court Docket No. 127379.

The defendant insurer denied uninsured motorist benefits for a failure to report a hit and run within 30 days as required in the notice provision. The Trial Court granted summary disposition in favor of the insurer. The Court
Read more