ICLE | No-Fault Summit, 7th Annual
Seminars
  
No-Fault Summit, 7th Annual
On-Demand Event (Posted 05/08/20) | Level: Basic/Intermediate/Advanced
Cosponsored by the Negligence Law Section of the State Bar of Michigan
Full Schedule
 
15 minutes
15 minutes
Welcome, Introductions, and Update from the Negligence Section of the State Bar of Michigan
James R. Bradley, Secrest Wardle, Lansing

45 minutes
45 minutes
Plenary:
First-Party Litigation Update

Learn where we have been and where we are going in the changing landscape of Michigan no-fault litigation. From PIP choice to insurance agent liability to what is recoverable in tort, take away practice tips on how to cautiously navigate the uncharted waters of no-fault reform and excel in the uncertain environment.

Robert E. Logeman, Logeman Iafrate & Logeman PC, Ann Arbor
John W. Whitman, Garan Lucow Miller PC, Ann Arbor

45 minutes
45 minutes
Plenary:
Coverages and Exclusions Update--with the New Fee Schedule and Caps

In this essential update, hear a discussion of the latest cases applying and interpreting the No-Fault Act’s coverage provisions, MCL 500.3101, .3105(1), .3111, .3121(1), and exclusion provisions, MCL 500.3105(4), .3106, .3113, .3123, with commentary on their impact. Learn about the new coverage options for allowable expenses, and the nuances of the fee schedule that will apply to medical expenses in light of no-fault reform’s end to unlimited and lifetime medical benefits.

James G. Gross, James G. Gross PLC, Detroit
Matthew S. LaBeau, Collins Einhorn Farrell PC, Southfield

45 minutes
45 minutes
No-Fault Benefits, Setoffs, and Priorities Update

Wondering how the no-fault reform amendments affects benefits, setoffs, and priority? How are courts grappling with these issues, both before and after the amendments? This comprehensive update will provide you with the tools necessary to navigate these critical issues.

Ronald M. Sangster, Jr., Law Offices of Ronald M. Sangster PLLC, Troy

45 minutes
45 minutes
Plenary:
Third-Party Threshold Litigation

Stay current on the latest legal and medical developments in this crucial area of no-fault practice. Get up-to-the-minute analysis of recent caselaw regarding serious impairment of a body function; permanent, serious disfigurement; and related medical and evidentiary issues.

Thomas G. Sinas, Sinas Dramis Law Firm, Grand Rapids

40 minutes
40 minutes
Core Concepts Track:
No-Fault 101

Learn the basic predicates for payment of no-fault benefits including coverage, disqualifications, priorities, benefits, and coordination of benefits. Explore the basics of how no-fault reform impacts these predicates from the old system and what you need to know as we straddle the old and new systems for some time to come.

Wayne J. Miller, Miller & Tischler PC, Farmington Hills

40 minutes
40 minutes
No-Fault Track:
Proper Notice, One-Year-Back, and Statutory Tolling After Reform

Time limitations are critical to the recovery of PIP and PPI benefits. Learn what constitutes proper notice of a claim and the mechanics of the one-year-back limitation on damages under MCL 500.3145 and the new statutory tolling provision created by no-fault reform. Explore the time limitations for insurers seeking reimbursement from another no-fault insurer, the limitations applicable to UM/UIM claims, and more.

Thomas J. Dombrowski, Hom Arene Bachrach Corbett Kramer Harding & Dombrowski, Troy

40 minutes
40 minutes
Tort Track:
Excess Damages and Life Care Planning

No-fault reform fundamentally changes the scope of damages that may be recoverable in auto tort liability cases going forward. Under the reforms, injured people with capped no-fault coverage or who opt-out of no-fault have the right to claim their uncovered medical expenses from the at-fault driver. Learn about the various aspects of these claims for excess medical expense damages going forward, including how care plans will be utilized.

James R. Bradley, Secrest Wardle, Lansing
Stephen H. Sinas, Sinas Dramis Law Firm, Lansing

40 minutes
40 minutes
Core Concepts Track:
The Current State of Medical Provider Litigation

No-fault reform has returned provider suits to the pre-Covenant standard – will this lead to a rise in 3112 motions as insurers seek to achieve finality on settlements? Explore the codification of the private right of action – from ambiguity in the term “overdue” to the practice of obtaining assignments going forward. Dive into best practices for dealing with PIP caps and proving (or challenging) rates for services not covered by Medicare pursuant to the new statutory instructions.

David M. Pierangeli, McDonald Pierangeli Macfarlane PLLC, Grand Rapids
Matthew Scott Payne, Sigal Law Firm PLLC, Southfield

40 minutes
40 minutes
No-Fault Track:
Attendant Care Postreform: What You Need to Know

Examine attendant care claims under the recent amendments to the No-Fault Act. Learn the effect of the amendments on making and defending claims for attendant care at the insurance claim level and through litigation. Delve into the legal implications of the amendments and the practical approaches for lawyers and insurance claim professionals going forward.

Nicholas S. Andrews, Liss Seder & Andrews PC, Bloomfield Hills
Michael J. Jolet, Hewson & Van Hellemont PC, Oak Park
Edward F. Kardelis, Hewson & Van Hellemont PC, Grand Rapids

40 minutes
40 minutes
Tort Track:
The New Normal: Predicting Third-Party Litigation Trends Postreform

What will the increase in mandated bodily injury limits mean for third-party litigation? More claims for excess allowable expenses – including medical expenses and attendant care – against at-fault drivers? How will pure comparative negligence be resolved? Can we expect more uninsured/underinsured claims? Explore the evidentiary issues surrounding these questions and more in the postreform world.

Kaitlyn A. Cramer, Novara Tesija & Catenacci PLLC, Troy
Milea M. Vislosky, Miller & Tischler PC, Farmington Hills

40 minutes
40 minutes
Core Concepts Track:
Resolving Cases

Whether through settlement negotiations, case evaluation, facilitative mediation, arbitration--or on the eve of trial--learn effective techniques to assist in resolving your cases. From early in the case to working up your case for trial, identify the critical points in time to strategically use the processes available to reach a meaningful resolution for your client.

Robert M. Raitt, Michigan Auto Law, Farmington Hills

40 minutes
40 minutes
No-Fault Track:
Claims Handling and Adjuster Deps

Learn what questions are allowable in an adjuster deposition and what objections by defense counsel are proper. Explore what documents should be produced in response to a deposition notice duces tecum and delve into the arguments regarding whether or not producing an out of state adjuster for the deposition in Michigan is appropriate. Get expert insight on your practical questions.

Carrie A. Kennedy, Liberty Mutual, Southfield

40 minutes
40 minutes
Tort Track:
Navigating Liens After No-Fault Reform

Navigating liens has only become more complicated in light of no-fault reform’s limited benefits and fee structuring. From effectively navigating a bad lien to avoiding an improper taking of money from recovery, learn the key elements both plaintiff and defense lawyers need to know when representing their clients. Adjusters will gain valuable insight on assessing lien rights and recoveries and determining whether or not there is validity behind the lien being asserted.

Adrienne D. Logeman, Logeman Iafrate & Logeman PC, Ann Arbor

45 minutes
45 minutes
Plenary:
Civil Discovery Rule Changes: What You Need to Know

The most extensive civil discovery amendments in a generation take effect January 1. Learn the new rules and take away effective discovery strategies to strengthen your case. Explore the changes that will directly impact your no-fault practice, from initial disclosures to medical authorizations to limits on depositions and interrogatories. Take away best practices to ensure you comply with the duty to supplement and preserve ESI, and avoid sanctions.

David E. Christensen, Christensen Law, Southfield

50 minutes
50 minutes
Plenary:
Judges’ Panel: Motion Practice, Expert Presentation, and Discovery Rule Changes (livestreamed on June 16, 2020, at 12:00pm)

Get a "view from the bench" on fraud motions, motions for summary disposition, and more. Take away tips on effective expert presentations to improve your advocacy, plus delve into the recent discovery rule changes. Three busy circuit court judges share what has been working well and what have been the biggest challenges with virtual proceedings. Learn what you can do to move your cases in the virtual environment and avoid common pitfalls.

Hon. Curt A. Benson, 17th Circuit Court, Grand Rapids
Hon. Muriel D. Hughes, 3rd Circuit Court, Detroit
Hon. Wanda M. Stokes, 30th Circuit Court, Lansing

45 minutes
45 minutes
Medical Track:
Using Medical Records to Prove Your Case

Walk through treating provider medical records and pinpoint what to look for in the documentation of common auto-related scenarios, from pre-existing conditions to the hallmarks for diagnosis to diagnostic testing results and more. Learn how to use the records to critically evaluate the strength of your case and take away strategies for using medical documentation effectively in depositions and at trial, including useful visual aids.

Fernando G. Diaz, MD, PhD, Michigan Head & Spine Institute, Pontiac
Jordan M. Jones, Michigan Auto Law, Farmington Hills

45 minutes
45 minutes
No-Fault Track:
Fraud, Attorney Fees, and the Auto Insurance Fraud Unit

What constitutes fraud? What steps can you take to prevent a client’s legitimate claim for benefits from coming under attack for fraud? Get an inside look at the Auto Insurance Fraud Unit from the complaint process to the requirements for the unit to move forward with charges. Explore the statutory changes to MCL 500.3148, including attorney fee sanctions for solicited clients and limitations on court-ordered attorney fees.

Stanley J. Feldman, The Sam Bernstein Law Firm PLLC, Farmington Hills
Keisha L. Glenn, Department of Attorney General, Lansing
Samantha J. Orvis, Garan Lucow Miller PC, Grand Blanc

45 minutes
45 minutes
Claims Professionals Track:
Diagnosing Your Doctor: No-Fault Reform’s Impact on Experts and IMEs

Examine MCL 500.3151 and what’s new and different in light of no-fault reform. Learn how to pick the appropriate expert for your claim--from navigating licensing and board certification to the private practice/teaching requirement. Take a closer look what the “apples to apples” requirement will mean for your cases. Gain practical tips for applying the new requirements in common case scenarios.

Marcy A. Tayler, Kitch Drutchas Wagner Valitutti & Sherbrook PC, Detroit

45 minutes
45 minutes
Medical Track:
Medical Experts: Make It or Break It?

Get ready for real-world simulated examinations of medical experts – from depositions to trial. See what works well and what doesn’t on direct and cross. Gain insight on effective preparation strategies and best practices for organizing your line of questioning to get the most out of medical expert testimony. Hear from both plaintiff and defense counsel on what can make a medical expert the most effective (or damaging) witness in your case.

Thomas N. Economy, Christensen Law, Southfield
Karen W. Magdich, Magdich Law PC, Livonia

45 minutes
45 minutes
No-Fault Track:
The MCCA Now

Learn about the MCCA’s creation and responsibilities and explore the interplay between MCCA and no-fault insurers, including documentation and reporting requirements. Get up to speed on the impact of no-fault reform on the MCCA to better advise your clients.

Rik O. Mazzeo, Landry Mazzeo & Dembinski PC, Farmington Hills

45 minutes
45 minutes
Claims Professionals Track:
Claim File Discovery in the Age of Required Initial Disclosures

Does the proportionality requirement of discovery protect carriers from request for production beyond the immediate claim file and privilege log? Explore what’s in the claim file--what is privileged and what isn’t? What ESI (Electronically Stored Information) disclosures can be expected? Tackle these questions and more and take home best practices for operating under the recent discovery rule changes.

Michael J. Watt, Kopka Pinkus & Dolin PLC, Farmington Hills

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