Litigation Defenders

The “notice” defense shifts back into focus after a recent Michigan Supreme Court ruling dismantled the “open and obvious” defense for premises liability claims.

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.