Last week I filed an amicus curiae (friend of the court) brief in the State Farm v. MMRMA case pending on application to the Michigan Supreme Court. As I mentioned in my last post, there were two other cases, both pending on applications to the Court, which asked the Court to deal with the same issue that is presented in this particular case. Yesterday, the Court denied the applications in those cases. See the orders here: DMC Case and Smutski v. Auto-Owners, et al.
There has been no disposition of the application in the case for which I submitted an amicus brief. Thus, it remains the only one still pending.
I previously wrote about these cases in the following posts:
Amicus Curiae Brief Filed in State Farm v. MMRMA
State Farm Seeks Contribution from County Sheriff for Motorcyclist’s Injuries Suffered in Motor Vehicle Accident While Fleeing from Police
Braverman ex rel Smutski v. Auto-Owners, et al.
DMC v. Progressive, et al.
As I mentioned in my previous posts, the Court of Appeals in the Auto Owners case actually remanded for a determination of the factual circumstances involving the motorcycle accident. There was a question of fact whether the tractor trailer had identifying lights on while it was in the roadway just before the motorcyclist crashed trying to avoid impact with the truck. In the DMC v. Progressive case the Court of Appeals actually ruled there was no causation. The “evidence” of involvement of another vehicle was based only on the motorcyclist’s testimony that an unidentified vehicle was about to cross his path and he wrecked his bike while trying to avoid the collision.
It is difficult, if not impossible, to interpret the Court’s actions from its non-action on these two applications.
We shall see what the Court does with the application in the State Farm case. Although, interestingly, that case has the added wrinkle of involving a governmental entity as the insurance carrier. Hence, my participation as amicus curiae author in support of the carrier’s application on behalf of Oakland, Wayne and Macomb counties.
I have been at the forefront of the motorcycle accident cases due to my authorship of amicus curiae briefs in the DeYoung / Spectrum case, which I wrote about here:
Supreme Court to Address Taking of Motorcycle in Insurance Coverage Dispute
Supreme Court Undertakes Joyriding and Unauthorized Taking of Motor Vehicles and Motorcycles
up until the present time involving these most recent significant pronouncements on the level of causation and priority among insurers under MCL 500.3114(5) of Michigan’s No-Fault Act.
For more information about this and other similar cases contact Carson J. Tucker, Chair of the Appeals and Legal Research Group at Lacey & Jones, LLP, a Birmingham law firm serving clients since 1912. Mr. Tucker can be reached at (248) 283-0763.
For more information about Lacey & Jones, click on the following practice area company pages on Linked In.
Lacey & Jones, LLP’s Appeals and Legal Research Group
Lacey & Jones, LLP’s Insurance Coverage and Recovery Group
Lacey & Jones, LLP’s Civil Litigation Group