concomitant bar (Michigan) · Go Syfert
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concomitant bar in Michigan

6 Michigan opinions name it 2 courts 1979–2024 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Covenant Medical Center Inc v. State Farm Mutual Automobile Ins Cored
mich · 2017 · cited in 2 Michigan opinions naming this issue, 2019–2020
2 sentences

2020Therefore, to have a “claim” under the no-fault act, a provider must have a right to payment of PIP benefits from a no-fault insurer. [Covenant, 500 Mich at 211 n 31 (citation omitted).] The Court concluded that MCL 500.3112 “allows insurers to pay a provider of no-fault services directly ‘for the benefit of’ the insured, [but] it does not establish a concomitant claim enforceable by an insured’s benefactors.” Id. at 213-214.

2020Therefore, to have a “claim” under the no-fault act, a provider must have a right to payment of PIP benefits from a no-fault insurer. [Covenant, 500 Mich at 211 n 31 (citation omitted).] The Court concluded that MCL 500.3112 “allows insurers to pay a provider of no-fault services directly ‘for the benefit of’ the insured, [but] it does not establish a concomitant claim enforceable by an insured’s benefactors.” Id. at 213-214.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Ali Bazzi v. Sentinel Insurance Company green
mich · 2018
1 sentence

2024Additionally, in Bazzi, 502 Mich at 409 , our Supreme Court made clear that when a party seeks rescission of a no-fault policy, which is an equitable remedy, the decision whether to rescind the contract, and the concomitant analysis of balancing the equities, are matters reserved to the trial court’s discretion.

12024–2024
Johnson v. Pastoriza green
mich · 2012
1 sentence

2020Here plaintiffs argue that the term “claim” in MCL 500.3148(2) should be construed in the same manner as the term was construed in 8 The statute was amended by 2019 PA 21 , effective June 11, 2019.

12020–2020
People v. Ellis green
mich · 1918
2 sentences

1983And if there is doubt as to whether the act charged is embraced in the prohibition, that doubt is to be resolved in favor of the defendant.” People v Ellis, 204 Mich 157, 161 ; 169 NW 930 (1918).

1983And if there is doubt as to whether the act charged is embraced in the prohibition, that doubt is to be resolved in favor of the defendant.” People v Ellis, 204 Mich 157, 161 ; 169 NW 930 (1918).

11983–1983
People v. Hall green
mich · 1974
2 sentences

1983It is of great significance that ¶ 5 commences with the words, 'It shall hereafter be unlawful.’ A plain reading would seem to indicate that the placement of those words at the beginning of |f 5 would be a clear indication that what went before ¶ 5 was not intended to be unlawful.” The district court went on to discuss the principle of strict construction of criminal statutes, People v Hall, 391 Mich 175, 189 ; 215 NW2d 166 (1974), and the concomitant requirement of statutory clarity: "It is a fundamental rule of construction of criminal statutes that they cannot be extended to cases not inclu

1983It is of great significance that ¶ 5 commences with the words, 'It shall hereafter be unlawful.’ A plain reading would seem to indicate that the placement of those words at the beginning of |f 5 would be a clear indication that what went before ¶ 5 was not intended to be unlawful.” The district court went on to discuss the principle of strict construction of criminal statutes, People v Hall, 391 Mich 175, 189 ; 215 NW2d 166 (1974), and the concomitant requirement of statutory clarity: "It is a fundamental rule of construction of criminal statutes that they cannot be extended to cases not inclu

11983–1983
People v. Goodman green
michctapp · 1969
2 sentences

1980Contempt proceedings under the public nuisance *171 statute are criminal in nature, People v Goodman, 17 Mich App 175, 178 ; 169 NW2d 120 (1969), as the purpose of contempt proceedings arising out of violations of orders entered in such nuisance actions is to punish the defendant for his past disobedience.

1980Contempt proceedings under the public nuisance *171 statute are criminal in nature, People v Goodman, 17 Mich App 175, 178 ; 169 NW2d 120 (1969), as the purpose of contempt proceedings arising out of violations of orders entered in such nuisance actions is to punish the defendant for his past disobedience.

11980–1980
Detroit Trust Co. v. City of Detroit green
mich · 1934
2 sentences

1979The principle is elemental that all statutes are prospective in their application unless the contrary clearly appears from the context of the statute itself. 7 Wylie v City Commission of Grand Rapids, 293 Mich 571, 585 ; 292 NW 668 (1940); Detroit Trust Co v Detroit, 269 Mich 81, 84 ; 256 NW 811 (1934).

1979The principle is elemental that all statutes are prospective in their application unless the contrary clearly appears from the context of the statute itself. 7 Wylie v City Commission of Grand Rapids, 293 Mich 571, 585 ; 292 NW 668 (1940); Detroit Trust Co v Detroit, 269 Mich 81, 84 ; 256 NW 811 (1934).

11979–1979
Wylie v. City Commission of Grand Rapids green
mich · 1940
2 sentences

1979The principle is elemental that all statutes are prospective in their application unless the contrary clearly appears from the context of the statute itself. 7 Wylie v City Commission of Grand Rapids, 293 Mich 571, 585 ; 292 NW 668 (1940); Detroit Trust Co v Detroit, 269 Mich 81, 84 ; 256 NW 811 (1934).

1979The principle is elemental that all statutes are prospective in their application unless the contrary clearly appears from the context of the statute itself. 7 Wylie v City Commission of Grand Rapids, 293 Mich 571, 585 ; 292 NW 668 (1940); Detroit Trust Co v Detroit, 269 Mich 81, 84 ; 256 NW 811 (1934).

11979–1979

Where else courts name it

CA 21 (1962–2025) NY 13 (1941–2008) TX 12 (1984–2024) PA 10 (2001–2022) CT 8 (1963–2022) TN 8 (1994–2023) NJ 6 (1902–1996) IA 6 (2004–2015) MI 6 (1979–2024) FL 6 (1985–2026) MD 5 (1975–2016) KS 5 (1948–2022) OR 5 (1991–2019) NM 3 (1997–2004) MO 3 (1971–1991) OH 3 (1983–1990) MT 3 (2010–2014) IL 3 (1954–1998) AZ 3 (1972–1984) GA 3 (1993–2014) RI 2 (1981–1983) AL 2 (2004–2005) WY 2 (2004–2006) ME 2 (1965–1988) MA 2 (1996–2024) WA 2 (1975–1989) DE 2 (2016–2021) DC 2 (1982–1989)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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