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 141

Sims v. Progressive Michigan Ins. Co.

Unpublished. Decided May 18, 2010 Michigan Court of Appeals Docket No. 290684.

Defendant alleged that it was entitled to summary disposition because the plaintiff violated the terms of the policy by failing to timely name and serve the alleged uninsured driver. The “Our Rights to Recover Payment” provision in
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Michigan Coverage Decisions, Issue 140

Ruzak v. USAA Ins. Agency, Inc.

Unpublished. Decided April 27, 2010 Michigan Court of Appeals Docket No. 288053.

Plaintiff was injured when her husband drove into a tree. The Ruzaks had an auto policy with defendant with limits of $300,000 per person. They had obtained auto insurance through defendant since 1966, including when they lived
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Michigan Coverage Decisions, Issue 139

State Farm Fire & Cas. Co. v. Malec

Unpublished. Decided April 20, 2010 Michigan Court of Appeals Docket No. 289929.

Defendant Balogh was insured under a homeowner’s policy issued to his parents by plaintiff. Balogh and the decedent, who had been laid off by Blondo, received permission from Blondo to take steel joists from the
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Michigan Coverage Decisions, Issue 138

Mother of Doe v. Citizens Ins. Co. of America

Published. Approved for Publication March 23, 2010 Michigan Court of Appeals Docket No. 288776.

John Doe, a five-year-old, was molested by Hand, a thirteen-year-old, in a public restroom at the beach. Hand resided with Boyle at the time of the incident and Boyle had a homeowners
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Michigan Coverage Decisions, Issue 137

Empire Fire & Marine Ins. Co. v. Lynch

Unpublished. Decided March 9, 2010 Michigan Court of Appeals Docket No. 289695.

Michael Lynch, father of Christopher Lynch, formerly operated Heights Auto Sales. Plaintiff issued garage liability and umbrella policies to Michael Lynch. On July 21, 2005, Christopher Lynch was operating an automobile owned by Heights Auto
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Michigan Coverage Decisions, Issue 136

Auto-Owners Ins. Co. v. Large

Unpublished. Decided February 2, 2010 Michigan Court of Appeals Docket No. 288530.

Large was involved in an auto accident with Fritz. At the time of the accident, Large was driving a vehicle owned by Bollinger’s, an auto dealership, while Large’s vehicle was being serviced. Bollinger’s had garage liability insurance with
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Michigan Coverage Decisions, Issue 135

Morrison v. Secura Ins.

Published. Decided December 29, 2009 Michigan Court of Appeals Docket No. 286936.

Plaintiffs were seriously injured when a Cavalier driven by Warfield struck their motorcycle. The insurance policy at issue was purchased by Warfield’s mother, Fisher. The policy listed Fisher as the named insured, but both Warfield and Fisher were listed
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Michigan Coverage Decisions, Issue 134

State Farm Fire & Cas. Co. v. Lequia

Unpublished. Decided December 15, 2009 Michigan Court of Appeals Docket No. 286139.

The Department of Human Services placed a child, age two and a half, in a foster home. While in the foster home, the child wandered into the adjacent river and drowned. The child’s estate sued
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Michigan Coverage Decisions, Issue 133

Sherrod v. American Physicians Capital, Inc.

Unpublished. Decided November 10, 2009 Michigan Court of Appeals Docket No. 287784.

Plaintiff alleged that defendants, plaintiffs’ medical malpractice insurer, breached the contract when it satisfied a judgment against plaintiff Sherrod without his consent. The policy provided that the company shall not settle any claim by payment of damages
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Michigan Coverage Decisions, Issue 132

Nixon v. Farm Bureau Gen. Ins. Co. of Michigan

Unpublished. Decided October 1, 2009 Michigan Court of Appeals Docket No. 285343.

Defendant denied plaintiff’s claim under a homeowners’ insurance policy after a fire damaged plaintiff’s house. Defendant denied the claim on the basis that plaintiff made misrepresentations and that the fire was intentionally set by
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