Garan Lucow Miller's Podcast: Recent Episodes
Garan Lucow Miller
In Episode 25, Charlie Harrison and Joe Conte discuss how the new laws have affected BI litigation and current hot button issues related to BI Claims.
To hear the previous podcast, published on June 23, 2020, click here.
In Episode 24, Kristi Trigg-Johnson and Bryan Valentine discuss The Amended One Year Back Rule, administrative orders affecting the rule, and a Court of Appeals case that delineates which cases the amended rule applies to.
In Episode 23, attorneys Nicholas Caponigro and David Klein discuss the effects of pre-settlement provider assignments on summary disposition motions seeking dismissal of previously settled claims and the implications of the 2020 Court of Appeals decision in Physiatry & Rehab Associates v. Alhalemi, 333 Mich App 87 on those assignments.
In Episode 22, Christian Huffman and Stacey King discuss the end of the priority war.
Two of the many changes in the No-Fault Act emerging from the amendments of June 11, 2019 (2019 PA 21 and 2019 PA 22) concerned priority of PIP coverage applicable to injuries sustained by non-contracting parties under Sec. 3114(4) and Sec. 3115, and also a new "cap" on coverage applicable to claims handled through the MACP. Whether either or both of these changes were to have immediate effect (as of June 11, 2019), became the center of a lengthy and complicated dispute between the Department of Insurance and Financial Services (“DIFS”) and the Michigan Automobile Insurance Placement Facility (“MAIPF”). Caught in the middle of the dispute for nearly two years, were Michigan’s policy-issuing no-fault insurance companies, whose claims were thrown into confusion by the uncertainty. By an agreement just recently finalized by DIFS and MAIPF, the disputes now have been resolved and order restored.
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In Episode 21, Dan Keith and Fiona Heady discuss the emergency extension of filing deadlines and statute of limitations under the executive orders issued by the Governor and Michigan Supreme Court during the COVID-19 crisis and their practical effects.
Bryan and Tara discuss the new headaches associated with Providers having a Direct Cause of Action, what it does to settling cases, and the potential for more apportionment motions.
In Episode 19, Ladd Culbertson and Kyle Kamidoi discuss how criminal prosecutions can impact your claims handling. Opportunities for early claim investigation and evaluation, protection against exposure, and avenues of subrogation recovery.
In Episode 18, David Couch, Andrew Beck and Benjamin Goldstein address bicycle vs. motor vehicle claims, including strategies for investigating them, identifying comparative fault, and setting the case up for a strong defense. The presenters also address the order of priority for non-occupants of a motor vehicle that changed under the June of 2019 amendments to Section 3115 of the Michigan No-Fault Act."
In Episode 17, Jacqueline August and Chelsea Saferian discuss the issue of fraud in the procurement. Touching on two recent Garan Report articles, the two discuss the importance of timing when handling a lawsuit where you suspect there has been fraud in the procurement of a policy. This podcast will discuss two recent Michigan cases where the courts have determined whether a policy can be rescinded, particularly on the basis of whether fraud was committed before or after the inception of the policy.
In Episode 16, Alexander Heritier and Steven Landstrom continue their discussion of Utilization Review under the Amended No-Fault Act, following the roll out of Utilization Review rules.
Kyle Lawrence and Timothy Brown of Garan Lucow Miller's Merrillville, Indiana office discuss how working cases remotely has impacted the litigation process, including hearings, depositions, and trials. While some cases may be manageable with remote access and technology such as Zoom, other cases may need a more hands on/in-person approach to properly defend. In this episode, Kyle and Tim discuss what should be considered by counsel while litigating a case remotely from the early stages of discovery to trial.
In Episode 14, Alexander Heritier and Steven Landstrom discuss Utilization Review under the Amended No-Fault Act and some practical claim handling considerations as we await the final roll out of the Utilization Review rules.
In Episode 13, Robert Goldstein and Peter Worden discuss the Michigan Court of Appeals decision in Spectrum Health v Farm Bureau, which held that what third parties like Medicare or health insurers pay for medical services is relevant and can be admissible in a dispute over whether a provider's charges are "reasonable" under the No-Fault Act.
In Episode 12, Samantha Orvis and Kristi Trigg-Johnson discuss litigation during a pandemic, and the impacts of technology and remote hearings on things like effective communication, legal costs, and the overall ability to represent clients.
In Episode 11, GLM appellate attorneys Daniel Saylor and Christian Huffman discuss a recent Court of Appeals opinion whose surprising conclusion cannot help but make insurer-retained IME physicians uneasy, and a set of proposed legislative amendments that, if adopted and added to the No-Fault Act, would dramatically alter -- and weaken -- the insurer's ability to efficiently adjust questionable PIP claims.
Joey Elliott and David Zogheib of Garan Lucow Miller's Troy office discuss how the Amended No-Fault Act has impacted provider litigation, including defense strategies to consider and the potential for expanded provider litigation.
Arooj Anjum, Kathleen Griffith, and Tammy Sordo-Vieira of Garan Lucow Miller's Detroit office discuss litigation of lawsuits against the government for alleged violations of constitutional rights.
In Episode 8, Joe Conte and Charlie Harrison of Garan Lucow Miller's Troy office have a conversation about the amendment of the No Fault Act and its impact on third party auto bodily injury law.
Nicholas Caponigro and Bryan Valentine of Garan Lucow Miller's Troy office reunite during the pandemic to discuss Nick's beard and the One Year Back Provisions regarding tolling under the Amended No-Fault Act. Formal denials will become part of the fabric of adjusting No-Fault Claims.
John Whitman and Kathryn Burkhart of Garan Lucow Miller's Ann Arbor office conclude their discussion of recent changes to No Fault law with Dustin Hoff and David Christensen of Christensen Law. This is Part 3 of a three part series.
John Whitman and Kathryn Burkhart of Garan Lucow Miller's Ann Arbor office discuss recent changes to No Fault law with Dustin Hoff and David Christensen of Christensen Law. This is Part 2 of a three part series.
John Whitman and Kathryn Burkhart of Garan Lucow Miller's Ann Arbor office discuss recent changes to No Fault law with Dustin Hoff and David Christensen of Christensen Law. This is Part 1 of a three part series.
In Episode 4, Andrew Beck sits down with Jacqueline Yee, Chelsea Saferian and Tarik Turfe to discuss their experience as law clerks with GLM and what the first few months of being a full fledged attorney is actually like.
In Episode 2 of Garan Lucow Miller’s On-Demand Podcast Series: Legal Talk, Daniel Keith and Chelsea Gallagher provide an introduction to the changes to the Michigan Court Rules governing civil cases filed in 2020.
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In Episode 1, Rachel Bissett and Emily Partridge provide an introduction to home accommodations claims and the initial steps to consider when home accommodations are needed in a catastrophic claim.
Please visit our website at www.garanlucow.com.