CONSERVATOR EXPENSES

Michigan's No Fault Act provides for the payment of all reasonable charges incurred for guardian and conservator expenses.  The Probate Pro regularly litigates the failure of a personal injury protection (PIP) insurance company paying guardian and conservator expenses. The following presentation is a description of the current state of Michigan law relative to allowable expenses relative to guardianships [...]

MICHIGAN NO FAULT ACT

The Michigan courts have consistently ruled that expenses associated with both guardianship and conservatorship can be allowable expenses under the Michigan No Fault Act. “The no-fault insurance act is remedial in nature and must be liberally construed in favor of persons intended to benefit thereby.” Maloney ex rel Gauntless v. Auto Owners Ins., 242 Mich. [...]

PIP INSURERS

In the past four years, The Probate Pro has seen an influx of personal injury protection -- PIP insurers meddling their way into the probate court.  Generally under the guise of “protecting the best interest of the ward,” PIP insurance companies are often appearing and objecting to petitions for guardianship, conservatorship, and Annual Accounts.  Most [...]

PERSONAL INJURY PROTECTION

A new trend among Personal Injury Protection (PIP) insurance companies is to intervene in probate proceedings.  The goal is to force the attendant care provider to battle the insurance carrier in two courts, circuit and probate.  This is an unfortunate new tactic.  It causes additional expense and time to a family that already may have [...]

PIP and Probate

The Probate Pro scored another victory against an insurance company that refused to pay the reasonable attorney fees associated with the administration of guardianship and conservatorship files. PIP and Probate: Guardianship Case In 2009, a nineteen year old woman was injured in an automobile accident while a passenger in her boyfriend’s vehicle. The driver was [...]

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