July 2026 Volume 19, No. 3

Journal of Insurance & Indemnity Law header

From the Chair

Doug McCray

By Doug McCray

As I write this, we are three weeks into Summer, the temperature has been in the 80’s and 90’s, and the sun does not set until after 9 pm. What a wonderful contrast to Michigan's cold and dreary winters. My suggestion: get out there and enjoy it! 

As always, thanks to all who have gotten involved in the Insurance and Indemnity Section ("IIS"), including those who attended our May 20, 2026 joint presentation (with the Environmental Law Section), "Environmental Claims in Michigan" at the Oak Pointe Country Club, in Brighton. We had nearly 50 registrants, and both the program and forum were fantastic. Hats off to the head of our Program Committee, Melissa Hirn, who worked with ELS Section Chair Kyle Konwinski to put this event together, as well as our speakers Theresa Bodwin, Matt Eugster, and Brad Moyer. 

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Insurance and Indemnity 101: Anti-Assignment Clauses in Insurance Policies

Rabih Hamawi

By Rabih Hamawi

Insurance policies are generally considered personal contracts between the insured and the insurer. Because an insurer underwrites, assesses risks, and calculates premiums explicitly based on an individual’s specific risk profile, history, and traits, policies cannot be transferred or assigned to another person without the insurer’s formal written consent. This prohibition against assignment of policies applies regardless of whether the assignment occurs before or after a loss.

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Recent Notable No-Fault Opinions

Eric Conn title=

By Eric Conn, Fahey Schultz Burzych Rhodes PLC

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Civil RICO: A Tool of Advocacy

By James A. Johnson and Thomas Cranmer 

The Racketeer Influenced and Corrupt Organizations Act (“RICO”) was enacted as Title IX of the Organized Crime Control Act of 1970. The Act sought to eradicate organized crime in the United States by providing enhanced and novel legal tools. Apart from governmental intervention, civil RICO cases rarely have anything to do with organized crime. Since 1985, RICO has become the weapon of choice for civil plaintiffs because of the broad and liberal construction of the statute and the availability of treble damages, as well as attorney fees’ and costs. 

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Legislative Update: A Burst of Energy Heading Into the Tail End of This Legislative Session! State S

Katharine Buehner SmithChristopher J. Petrick

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

After almost 500 days vacant and a special election for the 35th District Senate Seat on May 5, the seat went to a Democrat, which means that the Democrats will finish out this legislative cycle with a 20-18 majority. The Republicans maintain their 58-52 advantage in the House, though, so bipartisan action will be required to pass any new legislation. There’s been a lot of action since our last update with almost 500 new bills—350 in the House and 124 in the Senate.

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JOURNAL DETAILS

This journal is published by the Insurance and Indemnity Law Section, State Bar of MichiganChristine 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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