March 2024, Volume 17, No. 2

By Patrick Crandell

Hey Section members! I hope you all had a great Christmas and New Year’s holiday. As I mentioned at the beginning of my term as Chair, my goal over this year is to harness the power of our membership to make us better lawyers. I hope to accomplish that through strong committees, membership events and mixers, and educational opportunities. And our Section has started the new year strong.

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By Brian Pilarski, Kapnick Insurance

Cyber insurance is a critical component in modern risk management strategies for businesses. As cyber threats continue to evolve, organizations and individuals are facing increased risk related to cyber-attacks and data breaches. Cyber insurance is written to mitigate these risks by providing financial protection and resources to protect against the costs associated with cybercrime activities.

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The Wrinkles that Can Arise from an Insurance Company’s use of Electronic Deposits or Pre-Loaded Cards

By Christopher Best and Stephanie Strycharz, Segal McCambridge Singer & Mahoney

Technological advancements have provided a level of convenience for people across the world. One form of convenience is the increased speed that e-payment systems have provided. Another increased convenience is the ability to dispute charges with a merchant or a bank and have the disputed charges placed back into an account. But what happens when an insurance company electronically returns those funds to an individual’s account or sends a pre-loaded debit card in the amount of the returned funds? This article will explore the wrinkles that this has provided for insurance companies who are asserting rescission or an accord and satisfaction defense.

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By Christopher J. Petrick & Katharine Buehner Smith; Collins Einhorn Farrell PC

The House remains split evenly 54-54. Special elections to fill the two vacant positions will take place in April; those representatives will serve out the remainder of the term. All 110 House seats will be up for election in November.

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By Natasha L. Rao, Collins Einhorn Farrell PC

(May 2023 through August 2023)

Material misrepresentation in the application process supports the rescission of an insurance policy.

Wolverine Mutual Insurance Company v Van Dyken
Unpublished per curiam opinion by the Court of Appeals, issued June 8, 2023
(Docket No. 359339), 2023 WL 5281855.

This case arises out of the rescission of an insurance policy by the insurance company. In September 2018, Van Dyken (the applicant) applied for a no-fault policy from Wolverine Mutual Insurance Company (the insurer) with the assistance of an independent insurance agent. In that process, the insurance agent represented that the applicant had not been “arrested or convicted for other than traffic violation in the last 5 years[.]”

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By Eric P. Conn, Fahey Schultz Burzych Rhodes

Published Court of Appeals Decisions

Samantha Newton v Progressive Marathon Ins Co, et al
--- Mich App ---, Docket No. 364569

In November 2020, a minor defendant was involved in a motor vehicle versus motorcycle accident with the plaintiff. As a result of the collision, the plaintiff suffered significant injuries. The vehicle the minor defendant was operating was owned by him and the insurance coverage had been purchased by his mother. In conformity with MCL 500.3009(5), the minor defendant’s mother purchased $50,000 per claimant, $100,000 per occurrence coverage through Progressive.

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JOURNAL DETAILS

This journal is published by the Insurance and Indemnity Law Section, State Bar of Michigan—Christine Caswell, Journal Editor.

Opinions expressed herein are those of the authors or the editor and do not necessarily reflect the opinions of the section council or the membership.

If you have an article idea for the Journal, please contact the editor, Christine Caswell.

SECTION INFORMATION

Officers & Council Information

2023-2024 Council Pictorial PDF

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