The “notice” defense shifts back into focus after a recent Michigan Supreme Court ruling dismantled the “open and obvious” defense for premises liability claims.
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Quickly determining “satisfactory proof of loss” for property claims can help insurance providers mitigate or even avoid paying penalty interest under Michigan’s Uniform Trade Practices Act.
Responding timely to “satisfactory proof of loss” notices can help insurers limit or even avoid paying penalty interest under Michigan’s Uniform Trade Practices Act.
The Michigan Supreme Court on Friday issued a landmark decision that abolishes the open and obvious defense for premises liability cases.
In a published decision, the Michigan Court of Appeals ruled that a dog is a “condition on the land” under premises liability, and as such, can be defended by the open and obvious danger doctrine.
Topics
- Civil Litigation
- Premises Liability
- Product Liability
- Property Liability
- Retail Liability
- Negligence
- Litigation Discovery
- Insurance
- Residential Liability
- Fire Claims
- Appellate Law
- Contractor Liability
- Damages Recovery
- General Liability
- Construction Contractors
- Construction Law
- Motor Vehicle Liability
- Commercial Liability
- Water Loss Claims
- Commercial Real Estate
- Personal Injury
- insurance policy
- Snow & Ice Claims
- Open & Obvious Doctrine
- Fraud Activity
- Investigations
- Governmental Immunity
- Contracts
- Traumatic Brain Injury
- Risk Management
- Open & Obvious
- Marine Liability
- Maritime Law
- Artificial Intelligence
- Business Risk Management
- Liquor Liability
- Design Defect
- Lost Earnings
- Industrial Liability
- Defamation
- Video Recording
- Professional Liability
- Independent Medical Examinations (IME)
- Sports-liability
- Alternative Dispute Resolution (ADR)
- Auto Liability
- Bankruptcy
- Intoxication
- Judicial Estoppel
- No Fault Liability
- Trucking Liability
- Wrongful Death
- Real Estate
- FDA Regulations
- Food Law
- Foodservice & Hospitality
- Regulatory Law
- Constructive Notice
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