October 2025

By Ann-Marie E. Earls

As my term as Chair of the Insurance & Indemnity Law Section comes to an end, I am honored to write my final column for the Journal. It has been a privilege to serve this Section, and I am proud of all that we have accomplished together.

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By Christopher Best and Stephanie Strycharz; Zausmer P.C.

On September 18, 2025, the Michigan Court of Appeals issued its opinion in the case of Favot v Brown.1 The Michigan Court of Appeals clarified that Medicare reduction and limitation rules related to the rates in the fee schedule are included in the fee schedule analysis under MCL 500.3157.2 I

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By James A. Johnson

Litigation today is very expensive and requires an effective plan for obtaining documents and communications to prove or defend your case. Two characteristics that distinguish successful trial lawyers are preparation and strategy. Jury instructions or the court’s charge should be the first document you draft in the case.

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By Michael S. Hale

In the world of insurance, one of the most critical – and often overlooked – details on a policy is the Named Insured. The “Named Insured” is more than a formality on a declarations page; it determines who has rights under the contract, who receives defense and indemnity, and, ultimately, who is protected when a loss occurs. 

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

The Legislature has been busy since our last update: the Senate introduced nearly 150 bills and the House introduced over 350 bills since the end of June!

A seat in the Senate remains vacant and a special election will be held to fill it—the primary will take place on February 3, 2026, and the general election to be held on May 5, 2026. The Democrats currently hold a one seat majority in the Senate, so this election has the potential to end that majority.

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The August Meeting at Top Golf.

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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

2024-2025 Officers and Council Pictorial

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