January 2026

By Doug McCray

Happy New Year to all! First, let me express my appreciation for electing me as Chair of the Insurance and Indemnity Section. Over the past year, previous Chair Annie Earls worked hard to increase membership and engagement among existing members, spearheaded an excellent (and very popular) educational program on artificial intelligence, and was very involved in the Program Committee’s alternative dispute resolution program.

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By Rabih Hamawi

Most policies that provide insurance coverage for liability claims that are asserted against the insured impose two main duties on the insurer: 1) to defend the claim (pay for legal counsel and litigation costs); and 2) to indemnify the insured (pay for damages on the insured’s behalf) against the loss if the plaintiff who sued the insured is successful. There are “indemnity only” policies, as opposed to policies paying “on behalf of the insured,” but they tend to be written in special circumstances. Generally, standard
liability policies will create both duties.

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By Eric Conn, Fahey Schultz Burzych Rhodes PLC

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By Victoria Hanna

The American healthcare system is one of the clearest failures of market-based policy in the developed world. Despite spending 16.7% of GDP on healthcare as of 2023—substantially higher than peer countries—the United States continues to produce inferior health outcomes compared to nations with universal coverage systems.

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By Joseph Berry

The United States spends more on healthcare than any other developed nation, yet it continues to produce comparatively poor outcomes in access, quality, and patient financial protection (The Commonwealth Fund, US Health Care from a Global Perspective (2023), https://www.commonwealthfund.org/publications/issue-briefs/2023/jan/us-health-care-global-perspective- 2022). This paradox stems not only from inefficiencies in medical delivery but from the fragmented legal architecture governing health insurance. The two central pillars of this framework, the Patient Protection and Affordable Care Act (ACA) and the Employee Retirement Income Security Act of 1974 (ERISA), operate in tension.

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

A Senate seat remains vacant, but the special election is coming up; the primary will take place on February 3, 2026, followed by the general election on May 5, 2026. This will kick off a busy election season in Michigan: the Governor, Secretary of State, Attorney General, all 110 state House and 38 state Senate seats, all 13 congressional seats and two Michigan Supreme Court seats are all up for election this year.

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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

2025-2026 Officers and Council Pictorial

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