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 41

Dow Chemical Company v Fireman’s Fund Insurance Company

Decided August 28, 2002. United States District Court Eastern District of Michigan Southern Division Case No. 96-75832.

This case arises from a dispute between an insured and its insurers over settlement of groundwater contamination claims. The insured produced chemical pesticides. Municipalities restricted pesticide amounts allowed in drinking
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Michigan Coverage Decisions, Issue 40

Sherry Lynn Spears v CNA Insurance Company et al.

Unpublished. Decided July 26, 2002 State of Michigan Court of Appeals docket No. 231103.

Plaintiff filed suit seeking payment of uninsured motorist benefits. The Plaintiff was injured when she attempted to stop a thief from driving away in her vehicle. The insurer argued that Plaintiff did
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Michigan Coverage Decisions, Issue 39

William Charles Stover v James Garfield, D. O.

Decided June 25, 2002 State of Michigan Supreme Court docket No. 120165.

Plaintiff commenced an action on behalf of the estate alleging intentional misconduct and gross negligence but not medical malpractice. The decedent was placed into a doctor’s care in advanced stage of illness. The doctor ordered
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Michigan Coverage Decisions, Issue 38

Allstate Insurance Company v Robert Daniel McCarn, et al

Decided June 11, 2002 State of Michigan Supreme Court docket No. 118266.

Plaintiff insurer filed a declaratory judgment action under a homeowner’s policy for a wrongful death suit arising from a shooting death of a third party. The sixteen year old insured pointed a shotgun, thought
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Michigan Coverage Decisions, Issue 37

Clifton Sterling v Auto-Owners Insurance Company

Unpublished. Decided May 21, 2002 State of Michigan Court of Appeals docket No. 230919.

Plaintiff insured filed a breach of contract complaint against the insurer for failure to pay timely benefits. At issue was a rental property where a fire occurred and plaintiff was paid on an actual cash
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Michigan Coverage Decisions, Issue 36

Carvan Williams v Continental Insurance a/k/a CNA Insurance

Unpublished. Decided April 23, 200, State of Michigan Court of Appeals Docket No. 229183.

Plaintiff filed an action to recover underinsured motorist benefits against his insurer. Plaintiff had sustained injuries in a collision, filed for first party no-fault benefits and demanded underinsured motorist benefits when it was
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Michigan Coverage Decisions, Issue 35

Ronald I. Weiss, Executor and Trustee for Plaintiff Walter L. Abt v St. Paul Fire and Marine Insurer

Unpublished. Decided March 18, 2002 for the 6th Circuit Court of Appeals No. 00-3267/3297.

Plaintiff filed a declaratory judgment action seeking coverage under a commercial liability policy in a patent infringement case. The District Court held that
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Michigan Coverage Decisions, Issue 34

Victoria Frazier v Western- Southern Life Insurance Company

Unpublished. February 8, 2002 State of Michigan Court of Appeals Docket No. 222570.

Plaintiff, the decedent’s intended beneficiary, filed to recover life insurance proceeds from Defendant insurer. The decedent applied for life insurance and paid a portion of the premium, but did not receive the required physical
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Michigan Coverage Decisions, Issue 33

Auto Club Group Insurance Company v Robert Paul Burchill et al.

Published January 29,2002 State of Michigan Court of Appeals Docket Number 222555.

In this declaratory action, Plaintiff sought a ruling that it did not owe a duty to defend or indemnify its insured under a homeowners policy in a suit to recover for third
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Michigan Coverage Decisions, Issue 32

Melody Kinyon v Secura Insurance Company

Unpublished. decided December 28, 2001 State of Michigan Court of Appeals Docket No. 226064.

Plaintiff filed a claim for underinsured motorist benefits with her auto insurance carrier. The insurer authorized her to settle the claim against the underinsured motorist for the underinsured motorist’s policy liability limit. The settlement authorization
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