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Michigan Long Term Disability Insurance Lawyer Blog

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As reported in the Houston Chronicle Great American Insurance Company is trying to avoid paying claims for the deaths of multiple people killed in a fire in an office building by arguing that their deaths were actually caused by smoke inhallation which is “pollution.” This despite the fact that the policy undoubtably provides coverage for loss caused by fire.

The attorney for several of the families described the insurance company’s efforts to avoid responsibility as shocking. “It’s an extraordinary effort by an insurance company to avoid paying on a contract for insurance” Not surprisingly, the insurance company and its legal representative had “no comment.”

This is another classic example of the lengths to which an insurer will go to avoid responsibility. Profits over people.

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Justice Taylor Falsely Claims Wall Street Journal Backing

In what turns out to be a desperate campaign strategy, Justice Taylor has been claiming that the Wall Street Journal said the Michigan Supreme Court under his leadership is the best in the nation.

Guess what-this claim is totally false!!!

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Dr. Ghandi Gutta filed a claim for Long Term Disability Insurance when he was no longer able to continue his practice as a laparoscopic surgeon due to multiple medical conditions. When his definition of disability changed to “any occupation” at the end of two years his insurer, Standard Select, terminated his benefits contending that, even with his multiple medical conditions, he was able to work in the medical field.

Utilizing the the arbitrary and capricious standard of review, the court accepeted the insurer’s argument that Dr. Gutti failed to provide persuasive evidence that he was unable to perform other work in the medical field and that he had the skills necessary to work as a medical director or assistant medical director. To make matters worse, the court also ordered Dr. Gutti to repay $74,000 in overpayments as a result of payments he recieved under a different disability policy.

This case illustrates how difficult it can be for claimaints to obtain benefits that are governed by ERISA.

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If you get hit by a drunk driver and break your arm or leg, do you think you should be able to sue the drunk who caused the accident, even if you make a good recovery?

If you get in a car accident but only miss three months of work, or a few semesters of school think you should be able to recover from the at-fault driver?

Not in Michigan, Not anymore. Why not? Because Cliff Taylor says so, that’s why.

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If the City plows the snow off the street and blocks the sidewalk and a child who is forced off the sidewalk is hit by a car and killed, do you think the City has any responsibility?

Not in Michigan, not anymore. Why not? Because Cliff Taylor says so, that’s why.

In the case of Chantelle Buckner v City of Lansing, 480 Mich 1243 (2008) Justice Taylor’s court told the dead child’s family that the City of Lansing had no responsibility for plowing the snow off the street and blocking the sidewalk forcing the children into the street where she was struck and killed.

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Think a landlord has a duty to fix the electrical wiring in a home.

What about if the tenant repeatedly tells the landlord that the electrical outlet sparks and smokes.

What if the landlord ignores the tenants repeated complaints and there is a fire which results in the death of six children? Think the family should be able to file a lawsuit?

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If your loved one dies as a result of bad medical care, but lives for more than two years, do you think you can still sue the doctor who provided the poor care?

Not in Michigan. Not anymore

The Taylor led supreme court in Wickens v Oakwood Healthcare System, 465 Mich 53 (2001) changed well established law and held that a person cannot sue for the loss of an opportunity to survive until after they die, and they must die within the two year statute of limitations or the person’s heirs will be denied court access.

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Think you should be able to sue a rapist no matter how long it takes to catch him?

Think gender based discrimination is actionable?

Think your employer has an ongoing responsibility to prevent sexual harassment in the workplace?

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Think a store owner has any responsibility to maintain their premises?

To fix a pothole?

To shovel the snow? To spread salt on the ice?

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