Leave Granted
Titan Ins. Co. v. Hyten. (Lawyers Weekly No. 06-76487 – 1 page) On order of the Court, the application for leave to appeal the February 1, 2011 judgment of the Court of Appeals is considered, and it is...
View ArticleMunicipal Law – Police Response Fee – Credit Against Court Costs
Plaintiff’s fraud and misrepresentation claims against defendant city in connect with the assessment of a $250 police response fee are dismissed. Plaintiff has no damages from the city’s alleged...
View ArticleJury finds homeowners misrepresented insurance claims
A federal jury determined that plaintiffs Carlos Martell and Camille Martell Glynn engaged in fraud, false swearing and misrepresentation in their claims of breach of contract from defendant IDS...
View Article‘Hyten’-ed awareness
Picture this familiar scenario, where an applicant applies for auto insurance. After reviewing the application, the insurer is satisfied that the applicant meets its underwriting guidelines. Based on...
View ArticleContractor’s competency on home project deemed fraudulent
Plaintiff homeowner sought compensatory damages from defendant construction company and defendant construction company’s principal, after severe residential damage was caused during a home construction...
View ArticleTort — Misrepresentation – ‘Puffing’
Where a plaintiff brought suit alleging that he relied on the defendants’ advice when he opted to open a laundromat instead of a dry cleaning business, a grant of summary disposition in the defendants’...
View ArticleNo-Fault Law — Rescission – Misrepresentation
Where a judge dismissed a complaint filed by an injured driver, the judge did not err in finding that the defendant insurance company could rescind the plaintiff’s auto policy because of...
View ArticleNo-Fault Law — Rescission – Material misrepresentation
Where a defendant insurance company was denied summary disposition on its rescission defense, the judge’s decision should be affirmed because rescission would be inequitable under the circumstances.
View ArticleNo-Fault Law – Rescission – Misrepresentation
Where a judge denied a defendant insurance company’s motion for summary disposition on its request to rescind the plaintiff’s auto insurance policy, that was not an abuse of discretion, as the majority...
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Defective gun sights lead to class actions
Settlement discussions lasted for a year The post Defective gun sights lead to class actions first appeared on Michigan Lawyers Weekly.
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Tort — Misrepresentation – ‘Puffing’
Where a plaintiff brought suit alleging that he relied on the defendants’ advice when he opted to open a laundromat instead of a dry cleaning business, a grant of summary disposition in the defendants’...
View ArticleClik here to view.
No-Fault Law — Rescission – Misrepresentation
Where a judge dismissed a complaint filed by an injured driver, the judge did not err in finding that the defendant insurance company could rescind the plaintiff’s auto policy because of...
View ArticleClik here to view.
No-Fault Law — Rescission – Material misrepresentation
Where a defendant insurance company was denied summary disposition on its rescission defense, the judge’s decision should be affirmed because rescission would be inequitable under the circumstances....
View ArticleClik here to view.
No-Fault Law – Rescission – Misrepresentation
Where a judge denied a defendant insurance company’s motion for summary disposition on its request to rescind the plaintiff’s auto insurance policy, that was not an abuse of discretion, as the majority...
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‘As is’ — Misrepresentation claims fail in property dispute
A seller did not commit any knowing misrepresentations when he sold property that did not include a 14-foot strip of land belonging to a neighbor and an “as-is” provision in the purchase agreement...
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CEO’s fraudulent, negligent misrepresentation claims survive
A woman who accepted a job offer has plainly stated claims of fraudulent and negligent misrepresentation despite the company’s contention that her claims are barred by an integration/merger clause in...
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Misrepresentation burns coverage for fire damage
A homeowners insurance policy was properly rescinded where the homeowner made a material misrepresentation in his application about whether business was conducted on the property, according to a ruling...
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Real Property — Sale – Misrepresentation
Where summary disposition was awarded to the defendant seller of commercial real estate, that judgment should be upheld, as the plaintiffs’ misrepresentation claims do not allege conduct extraneous to...
View ArticleNo-Fault Law—Misrepresentation—Limousine
Where a defendant insurance company was awarded summary disposition on a plaintiff policyholder’s claim of theft of a limousine, that judgment should be affirmed because the plaintiff materially...
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