Frazier v. Allstate Insurance Co.
January 29, 2012
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By: Jason Gower
The Michigan Supreme Court has once again made it more difficult for injured plaintiffs, covered by the Michigan No Fault Act, to make a claim with their insurance company.
In the case of Frazier v. Allstate Insurance Co., the Plaintiff slipped and fell while closing her car door after exiting her car. She filed for no-fault benefits, claiming she was in the process of "alighting" the vehicle. "Michigan residents have been making these types of valid claims with their auto insurance companies since the early 80's.
The Michigan Supreme Court has once again decided a case in favor of big insurance -- at the cost to the injured premium payer citizen.
"It's preposterous and the legislature should fix it now." said local Bay City Attorney, Jason Gower.
The plaintiff had won a jury verdict in the lower court, which was upheld in the Court of Appeals before the decision was appealed, and ultimately reversed, by the Michigan Supreme Court.
Attorney Mark Granzotto, out of Royal Oak said " . . . no court in the country except our (MI) Supreme Court has ever ruled that closing the door [of one's automobile] is not part of the alighting process."
QUESTION CORNER: IF YOU HAVE A QUESTION FOR JASON GOWER PLEASE SUBMIT IT HERE AND YOUR QUESTION WILL BE ANSWERED IN THE NEXT COLUMN.
Or Contact Jason Gower at:
514 E. Midland Street, Bay City, MI 48706
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