MAJ NEWSROOM

Cure auto insurance is not good for Michigan drivers. They charge a 25% “deposit” on top of their premium. They may second-guess your doctor and refuse to pay for your surgery. They give horrible advice to drivers to under-insure, leaving them personally exposed to crushing medical bills. And if you have to file a claim? Be prepared for the claims adjusters to flyspeck your application to try to find a reason to avoid paying on your claim.

But don’t believe us. Believe what their own customers have to say about the company.  

Data from the Michigan Department of Insurance and Financial Services (DIFS) and the National Association of Insurance Commissioners (NAIC) show that Cure Auto Insurance’s own insureds complain about how the insurer handles claims, that settlements and settlement offers are “unsatisfactory” (i.e., unfair and too low), and how frequently the company denies paying claims.

Is Cure auto insurance in Michigan?

Unfortunately, Cure Auto Insurance is in Michigan. This insurance company, whose headquarters are in New Jersey, entered the Michigan market in July 2021. Interestingly, despite doing business in the state and selling auto insurance policies to drivers since that time, the insurer did not open an actual, physical office in Michigan until August 2023.

In August 2023, the Cure Auto Insurance – whose full name is Citizens United Reciprocal Exchange – insured approximately 75,000 drivers in Michigan, according to The Detroit News. 58% of their insured drivers were Detroit residents. 

To put that in context, in Michigan in 2022 (the most current year for which data is available), there were 7,366,080 “licensed drivers” and 9,426,574 “vehicle registrations,” according to Michigan Traffic Crash Facts 2022 Facts At-a-Glance. 

Drivers must pay 25% deposit on top of premiums

Cure Auto Insurance, which is a relative newcomer to Michigan, makes drivers pay an upfront “deposit” in addition to paying the cost of their auto insurance premium. The Detroit Free Press reported that the “deposit equals 25% of a customer’s initial base premium.” 

Refusing auto accident victim’s freedom to choose a doctor

In 2022, Cure Auto Insurance refused to provide coverage and pay for a Michigan car accident victim’s “spinal surgical procedure” because the insurer claimed the surgery was “not medically necessary to treat” the victim. In case 22-2144, the Special Deputy Director of DIFS ordered Cure to pay for the surgery.

Specifically, despite the insurance company’s opinion to the contrary, the board-certified neurological surgeon with 30 years of experience who reviewed the case at DIFS’s request determined that “medical necessity [for the surgery] was supported on the date of service at issue and the treatment was not overutilized in frequency or duration based on medically accepted standards.”

The surgeon also noted that the “medically necessary” surgery was “justified and in accordance with the standard of care.”

Consequently, DIFS reversed Cure Auto Insurance’s erroneous denial of coverage and ordered the insurer to pay for the cost of the surgery as well as “interest on any overdue payments.”

Cure doesn’t only refuse to pay for medically necessary surgeries. According to Scott Watson, an independent appraiser who helps people get more money for “total loss car” collisions, Cure routinely refuses to pay any claims for vehicle damage. According to Mr. Watson, who works with nearly every insurance company in Michigan, Cure routinely attempts to deny claims, and they attempt to rescind and void policies at a much higher rate than all the other insurance companies he deals with. 

Bad advice on No-Fault medical coverage

Cure insurance is setting up its customers for crushing medical and financial debt and personal bankruptcy by routinely discouraging customers from purchasing adequate medical coverage.  

What we are hearing anecdotally is that Cure Auto Insurance is also routinely advising its Michigan customers to lower their RBI (residual bodily injury) limits from $250,000 to $50,000. While the customer may save a few dollars by doing this, if they or someone driving their car ever causes a serious auto accident, this can lead to a judgment far in excess of the insurance policy limits, leading again to personal exposure and bankruptcy.

Unlimited No-Fault medical benefits coverage means that a person’s medical bills will be covered regardless of what they total up to. There is no dollar limit. This is crucial coverage for auto accident victims and it is what our own attorneys strongly recommend to all Michigan drivers.

But Cure pushes its customers in the opposite direction. The picture that appears to be emerging is that Cure Auto Insurance is actively discouraging Michigan drivers from protecting their families with unlimited medical and, instead, is encouraging them to choose policies with fixed lower PIP coverage limits – or opting out of No-Fault medical entirely.  

In cases involving serious and catastrophic injury, the result will be utterly devastating for Michigan Cure Auto Insurance customers. It means people cannot get the critical medical care and treatment they need. It leads to substandard care and medical “warehousing.”  And, it leads to crushing medical debt and personal bankruptcy.  

In fact, according to news accounts, Cure seems to brag that it is discouraging drivers from selecting the best medical coverage for their families.

According to The Detroit News, the CEO of Cure said that the “most important stat I think is that 94% of all the people that buy car insurance from CURE are choosing an option that was introduced under this new law.”

Similarly, Crain’s Detroit Business noted that “of the CURE-insured drivers, the company reports 94% have opted for less than unlimited PIP.” 

Ignoring necessary coverage to protect you

Our anecdotal experience and that of other Michigan personal injury attorneys is that Cure Auto Insurance is also discouraging its insureds from purchasing adequate liability insurance and forgoing necessary and crucial coverages such as “uninsured motorist coverage,” “underinsured motorist,” and collision.

Avoiding paying out on claims

What the auto accident lawyers at Michigan Auto Law and throughout the state are experiencing are instances showing that Cure Auto Insurance is growing increasingly aggressive in trying to find ways to avoid having to pay out on their insureds’ auto accident claims after they have been injured in a car crash.

Three avoidance techniques that appear to be gaining favor with Cure are:

• Medical Necessity – Using hired-gun insurance company doctors – like those biased physicians hired for exorbitant sums by insurers to conduct unfair, biased IME exams to create a reason for denying a claim or cutting off benefits – an auto insurer refuses to pay for vital medical care by claiming the procedures, treatments or medications are not medically necessary. An example of this is discussed above and is documented in the 2023 order from the DIFS Special Deputy Director. 
• Rescission – This occurs when, after a crash occurs and a driver files a claim, an auto insurance company  will comb through the application they received,  attempting to try to find a reason to “rescind” the policy and, thus, nullify all coverage.
• Failure to cooperate – Most insurance policies have “cooperation” provisions which require insureds to cooperate with their insurer in the handling of their claim. Failure to cooperate gives the insurer authority to deny the underlying claim. What is troubling is that what we and others are seeing anecdotally is that there seems to be a pattern of Cure becoming increasingly aggressive in  using this “duty to cooperate” as a way to deny claims. While this is anecdotal, it’s important to note that our attorneys deal with every insurance company in Michigan, and no other insurance company is as aggressive as Cure Auto Insurance is in attempting to rescind policies and finding ways to refuse to pay out on valid claims.  

Complaints against Cure auto insurance

Cure Auto Insurance’s complaint ratio, i.e., the total number of complaints from its insureds divided by the millions of dollars collected in premiums from its insureds, is among the highest in Michigan, according to data reported by the Michigan Department of Insurance and Financial Services (DIFS).

77% of the consumer complaints against Cure Auto Insurance in Michigan in 2022 had to do with claims handling.

This does not bode well for drivers paying their premium dollars to Cure, which just entered the market in July 2021.

According to the National Association of Insurance Commissioners, the bulk of the complaints from insureds dealt with delays in claims handling, unsatisfactory settlements and offers, and denials of claims.

Is Cure Auto Insurance legit in Michigan?

Cure auto insurance started selling policies in Michigan in July 2021, only after the new No-Fault fee schedule which slashed medical providers fees by 45% took effect. They charge premiums plus a “deposit.” After refusing to pay for an accident victim’s surgery, DIFS ordered them to pay plus interest.

Additionally, the anecdotal evidence suggests Cure Auto Insurance is encouraging Michigan drivers to be underinsured and personally exposed, by encouraging them to select lower PIP No-Fault medical coverage or opting out altogether, and discouraging people from purchasing adequate RBI, or bodily injury insurance if they cause an auto accident. Also, they appear to be dissuading customers from purchasing “uninsured” and “underinsured” motorist coverage as well as collision insurance. Uninsured and underinsured motorist coverage are two of the most important coverages that people purchasing auto insurance can buy. They cost very little, and the protections they offer are critical if you or a loved one is ever injured in a serious auto accident.  

Finally, auto accident lawyers who help crash victims are seeing Cure attempt to get out of paying claims by attempting to rescind policies and/or claim that injured victims are “failing to cooperate” with Cure’s handling of their claims far more often than they are with all the other insurance companies that they see.

April 2024 Pacesetter Ariel Kellersohn
McKeen & Associates, PC, Detroit, and MAJ Leadership Academy Member

What motivated you to become a trial lawyer? From a young age I knew I wanted to become a lawyer. I have always had the desire to help advocate for those who were unable to advocate for themselves. I joined a program in middle school called “Teen Court,” which allowed me the opportunity to advocate on behalf of my peers as their attorney if they agreed to go through the program. From the very first session I knew that this was what I wanted to do. I became a trial lawyer so that I could help people and give them a voice, and I strive to do that in every case that is assigned to me to this day.

When did you become a member of MAJ? I became a member of MAJ as soon as I became a licensed attorney in November of 2023. I decided to join MAJ because I learned about the work they do for plaintiff’s attorneys, and I wanted to be part of an organization that worked hard to help make it so that we have the resources to help our clients.

Why do you feel it is important for trial lawyers to be a part of MAJ? I feel that it is important for trial lawyers to be a part of MAJ because they are the reason that we can help our clients in the best possible way, and we need to support them in their endeavors. I also think the leadership and members of the organization are such great resources and being a member allows us to interact and gain advice and wisdom from each of them. The seminars and events sponsored by MAJ are great learning opportunities, and each trial lawyer should attend to learn from the variety of speakers that they have at each event.

Why do you feel supporting the Justice PAC is important? Through Justice PAC, MAJ is able to help support candidates that support our cause and want to help make an impact in ways that will help us be able to help our clients. In order for MAJ to be able to make the impact they do and provide resources for us, we need to help support Justice PAC so they can better support the best candidates.

What is distinctive about your practice? And your firm? I practice in the field of Medical Malpractice – an area of the law that has multiple requirements to be able to bring a suit against a healthcare facility or provider. Instead of making it accessible for those who have been wronged by the healthcare system, there are multiple obstacles that make it very difficult for these individuals to do so. My firm, McKeen & Associates, is distinctive because we are one of the few firms that almost exclusively practices medical malpractice. Our firm devotes the vast majority of our time and resources to helping individuals who were impacted by this type of professional negligence. We are all passionate about putting our efforts into advocating for these individuals. We do not let obstacles get in the way of getting justice for our clients.

What is your most memorable case? My most memorable case was the first case that I ever litigated as an attorney. It involved an elderly patient who was placed in a nursing home for respite care while his wife was recovering in the hospital from an illness. He was to be at the facility for two weeks, and then his wife would pick him up and continue caring for him at their home. When she dropped him off, all his skin was intact, and he was doing well. However, when she went to pick him up, she was told she could not take him home because he had a severe pressure wound that would require him to go to the hospital. Unfortunately, he never got to go home to his wife because he died an untimely death due to the bedsore. I will always remember this case because it reminded me of why I wanted to become a lawyer in the first place. I wanted to help individuals who were unable to advocate for themselves, and I was able to give my client the voice needed to get justice for her husband.

Please provide a brief description of your interests outside the practice of law. When I am not practicing law, I love spending time with my friends and family, reading, running, baking, and traveling.

What motivated you to become a trial lawyer? Growing up, I was taught to root for the underdog, and I always had a deep sense of wanting justice for the disadvantaged. My dad always called me his “little prosecutor” because I asked so many questions. Becoming a litigator was a natural path to fulfill my desire to be an advocate for others. I’m fortunate that I love what I do.

When did you become a member of MAJ? Why did you decide to join? I first joined the organization when it was known as MTLA many years ago as a young lawyer. I worked for a very reputable personal injury firm alongside wonderful people like Judy Susskind. Being a part of MTLA (MAJ) was an essential part of our job, and I’m thankful that I was taught early in my career about the importance of the group.

Why do you feel it is important for trial lawyers to be a part of MAJ? MAJ helps in innumerable ways to ensure the success of its members’ law practices. They work tirelessly to raise money and provide support to get the best people in positions that matter the most, such as judges and other elected officials. The group also has a strong influence in passing legislation that create a level playing field for injured people and the lawyers who represent them. MAJ also mentors and helps younger lawyers, which is essential to growing the organization, and encourages future generations to continue this good work.

Please describe the extent of your MAJ participation (offices held, committees, AAJ, etc.) I have been on the MAJ Executive Board for two years. It’s been a wonderful opportunity to get to know leaders in the group and to hear firsthand about the great work MAJ does every day.

What is distinctive about your practice? And your firm? Hertz Schram PC is a mid- size firm with over 30 lawyers. We have various practice areas, but a large personal injury department comprised of six lawyers and several top-notch paralegals and assistants. My practice is unique because I describe myself as a “general litigator.” I do a large percentage of personal injury and class action work on a contingent fee basis, and I also have several commercial clients who I represent in various types of litigation matters at an hourly rate. It never gets boring, and I am challenged every day.

What is your most memorable case? One of my most memorable cases was serving as co-lead plaintiff class counsel on behalf of thousands of property owners and occupiers who were impacted by the Enbridge Oil spill into the Kalamazoo River near Marshall, Michigan. The spill was the largest inland oil spill in the history of our country. It was an honor to successfully obtain awards for so many injured people and relief that resulted in significant environmental remediation in the most impacted areas.

What was your most satisfying case? I provided pro bono legal services to four Michigan families who lost loved ones on September 11, 2001 during the attack upon the NYC Trade Center buildings. I submitted claims on their behalf through the Victim’s Compensation Fund and attended various hearings with the families in New York City to fight for the maximum compensation owed to them. Working with these families and assisting them to testify about their overwhelming losses was the most difficult and painful time in my career. Notwithstanding, they were the most rewarding cases I’ve ever had and allowed me to help at a time when our country was experiencing so much pain.

Please provide a brief description of your interests outside the practice of law. Outside of work, I enjoy spending time with friends and family, dining out, attending concerts, traveling, and lots of yoga.

What motivated you to become a trial lawyer? In school, I enjoyed history and public speaking classes. My grades in math made it clear I would not be an accountant. As for being a trial lawyer, it is very satisfying to be able to focus on what I enjoy while fighting for the underdog.

When did you become a member of MAJ? Why did you decide to join? After three years of working at a defense law firm on product liability cases, I moved on to work at a plaintiff’s firm and joined MAJ in 2005. I heard good things about the opportunities available at MAJ to meet and learn from other trial attorneys. 

Why do you feel it is important for trial lawyers to be a part of MAJ? MAJ is a great way to meet people in our field, learn from others, and advocate for justice in the political arena when needed.

You have made a strong commitment to the Justice PAC. Why do you feel supporting the PAC is important? The Justice PAC is needed to help right the wrongs that can occur politically, which certainly impacts the rights of our clients.

What is distinctive about your practice? And your firm? I believe our firm is built on simple, but lasting principles of trust earned from our referring attorneys and community. We put time, hard work, and resources into the cases we take. We do not shy away from difficult cases if they have merit.

What is your most memorable case? In part because it just happened, but also because I believe it is a very significant case, the Estate of Allen vs. Dr. Dixit and Henry Ford Macomb Hospital Corporation will remain memorable. After about four years of litigation, in April 2023, a Macomb County jury rendered a verdict of $9.7 million against the hospital for administrative negligence and a surgeon for malpractice. It was a hard-fought wrongful death case. There was a failure to implement needed chain of command policies that caused the preventable death of a 41-year-old mother raising two teenagers. Hearing the jury read the verdict in favor of the family was very satisfying. This is also a great example of the benefit of relationships derived from this organization. I was fortunate to work with the attorneys of Goethel Engelhardt as my trial consultants. They were a tremendous help with planning my trial presentation. As much as trial is an art, I found that Goethel Engelhardt has trial preparation down to a science.

What are you interested in outside the practice of law? We are east-siders and have water running through our veins. My family and I love going out on the water, and in the winter, we enjoy snow skiing. I have also enjoyed years of watching my kids play various sports.

What motivated you to become a trial lawyer? I wanted to be the first female President of the United States, a goal I have long-since surrendered. As a fourth grader, I thought that I had to be an attorney to be President, so that was going to be my career path. And, knowing nothing about attorneys except for what I saw on Matlock, I thought every attorney was a trial lawyer. My first book report in the sixth grade was on John Grisham’s The Client. I became obsessed with Grisham, Perry Mason, and Law & Order. I joined the mock trial team in the tenth grade and fell in love with trying to convince 12 strangers to side with my client. Eventually I did learn that one is not required to be an attorney to be the President (although it helps), and not every attorney has to be a trial lawyer. But it was too late – in college I decided that I had no desire to be a politician and that I would only ever want to be a trial lawyer.

While my motivations to become a trial lawyer were largely based on entertaining fiction, my motivations to stay a trial lawyer are very real and based on the clients I help every day in and out of the courtroom.

When did you become a member of MAJ? Why did you decide to join? Becoming a MAJ member was required as a first-year associate under Bob Milia and Brian Gijsbers at Powers Chapman. The trial lawyers I worked for knew that MAJ was invaluable for its Listserver and educational conferences. They sent me to every available seminar, which were always directly relevant to the work we were doing every day.

Why do you feel it is important for trial lawyers to be a part of MAJ? Like most things, trial lawyers are stronger in numbers. You cannot go wrong when you have over a thousand attorneys sharing information in support of the common good. It’s a wonderful legal community filled with lawyers in all specialties who are very generous with their time and legal knowledge. Being a trial lawyer is hard without support. MAJ acts as a solid foundation of support from the best legal minds in the business.

I’m very grateful to be a part of an organization that contains so many selfless individuals, all working toward the betterment of society.

You have made a strong commitment to the Justice PAC. Why do you feel supporting the PAC is important? Supporting the PAC is one of the most important aspects of MAJ. Insurance companies, big business, and other organizations are spending millions of dollars in an attempt to take away individual rights and freedoms, including trial by jury, and most people don’t even know it. A strong PAC gets you a seat at the table when legislative decisions are being made. A strong PAC not only educates the citizenry, but it educates the judiciary, the legislature, and the executive branch consistent with our policy goals.

What is distinctive about your practice? And your firm? This year, Goodman Acker, P.C. is celebrating 30 years of providing its trusted legal services all across the state. I’m very proud to be a part of this practice for the last seven years where all of the attorneys are strong trial lawyers, dedicated to achieving the best outcome for the client. We have a wonderful learning environment among the attorneys that promotes effective trial advocacy.

What is your most memorable case? When I started with Goodman Acker, I inherited a premises case that had already been in litigation for nearly two years. The case stemmed from a construction company removing a portion of a city sidewalk, but never closing the sidewalk or warning of the missing slabs of concrete. My client was riding his bike home from a friend’s house at night when he did not see the missing sidewalk and fell into the hole created by the construction company, causing significant injuries. Multiple companies were named as defendants due to subcontracting and indemnity issues, in addition to the city being a defendant. Multiple motions went back and forth. The case was dismissed in the trial court based on the open and obvious doctrine, so I had to appeal. We ended up in the Supreme Court, where I participated in oral arguments for the first time.

Ultimately, I was successful on appeal and my client received his day in court seven years after his case was filed. The jury found the hole in the sidewalk was not open and obvious and awarded my client over six figures in damages. It was memorable for a lot of reasons, but especially because it reminds me that sometimes the wheels of justice turn very slowly.

What was your most satisfying case? Recently, I settled an auto case that had been turned down by several other firms because the police report listed my client at fault. After meeting with the client and hearing his version of what happened, I believed what he was saying and decided to pursue the case despite the uphill battle of having two witnesses against my one and the placement of the vehicles after the crash. After filing litigation and taking depositions, the insurance company settled for the full policy limits. It was very satisfying to know sometimes you just have to trust your gut and take the case, despite the odds against you, in order to see justice prevail.

What are you interested in outside the practice of law? Outside of work, I enjoy circling the globe and tasting new cultures. Mountains, lakes, waterfalls, festivals, concerts – I want to see and do it all!

What motivated you to become a trial lawyer? I chose a career as a trial lawyer because I wanted to help people overcome hardship and hold those responsible for causing the hardship accountable.

When did you become a member of MAJ?  Why did you decide to join? I joined MAJ in 2013, the year after I became licensed, at the recommendation of a partner at the firm where I worked. At that time, I knew nothing about the MAJ.

Why do you feel it is important for trial lawyers to be a part of MAJ? In our practices, we communicate primarily with defense attorneys, and that communication, cordial as it may be, is invariably adversarial. Being a member of the MAJ provides opportunities to communicate with other lawyers who want you to succeed; to have constructive and informative dialogue about issues you encounter in your everyday practice.

Please describe the extent of your MAJ participation. I’m a sustaining member, JUSTICE PAC contributor, and member of the autonomous vehicle committee.

You have made a strong commitment to the JUSTICE PAC.  Why do you feel supporting the PAC is important? A reason specific to us as trial lawyers is that the money from the JUSTICE PAC goes to preserve and advance the constitutional right to a jury trial, which is always under attack by special interests that seek to shirk their responsibilities to the public. More generally, I personally feel that there is a very loud minority in the United States seeking to inject anger and fear into the legislative process to advance an archaic agenda, and that the JUSTICE PAC money supporting the MAJ’s political activities is vital to countering those efforts of the few to move us backward.

What is distinctive about your practice?  And your firm? I feel that I’ve done a superb job of eliminating wasted effort and time from my practice; that I’ve developed a system by which I’ve reached near-optimum efficiency. There is always room for improvement, and I’m dedicated to maintaining a perpetual state of self-improvement.

What is your most memorable case? My most memorable case was a rather typical PIP case in Genesee County Circuit Court that culminated in my first jury trial. When the jury retired for deliberation, I decided I would wait in the courtroom until they returned, but after several hours had passed, I was terribly hungry. So, I decided run to that Mexican restaurant across Court Street from the courthouse. I ordered loaded nachos, and the server brought out a delicious-looking pile of nachos. Literally, right when the food hit the table, my phone rang; it was the court clerk recalling me to the courtroom because the jury had reached a verdict. I ran back to the courthouse, and the jury returned a verdict in my client’s favor.

Thereafter, I returned to the restaurant to eat my nachos; the restaurant had graciously agreed to hold them for me although I had already paid and left. While I ate, I called my office and then my parents to report my triumph. Driving home, I felt like a great trial lawyer; that feeling has never left me.

What was your most satisfying case? Years ago represented a father who was giving his young daughter a snowmobile ride on Houghton Lake when he was injured in a collision with another snowmobile. The defendant fled the scene on the snowmobile of a friend he had been riding with, leaving his snowmobile behind, later claiming that he left per a mutual agreement with my client that everyone was okay and no police report was necessary. Of course, there had been no such agreement and my client had already called the police while the defendant was still at the scene; police had reached the edge of the lake and saw the defendant flee. The police identified the defendant using the snowmobile that he had left behind, but aside from a cursory interview with the defendant hours later, there was no police investigation.

Discovery started with the defendant’s representation in his interrogatory answers he and his one friend at the scene – both Canadians – had come from Canada alone for a snowmobile trip. The defendant would not produce his companion for a deposition, so I used letters rogatory to get an order from a Canadian court for his appearance. From that companion’s deposition, I learned of more individuals who had accompanied the defendant on the trip, and from deposing these additional persons, I learned yet more names; all the while using letters rogatory to get Canadian court orders compelling their depositions as the companions were all Canadian and the defendant would not produce them.

Through the depositions, it became clear that the reason the defendant had fled was because he had been intoxicated. Consequently, the credibility of the defense that my client had been at fault for the accident was destroyed. The satisfaction came with being able to hold the defendant accountable for his negligence and obtaining a tidy sum for my client, who had confided in me at the outset of the case that he felt the situation was hopeless.

Please provide a brief description of your interests outside the practice of law. I spend as much time as possible with my wife and son. Outside of that, I enjoy going to the gym before work, skiing, and playing tennis.

Is there anything else that you would like to share? I’m guilty of not participating enough on the List Server. I’m going to try to participate on it at least once per week.   

Michigan Association for Justice Announces Support of Michigan Senate Bill 329

MAJ attorneys played a critical role in development of Good Faith bill that upholds the policyholder bill of rights

LANSING — Michigan Association for Justice (MAJ) President Stuart A. Sklar today issued the following statement in support of Senate Bill 329, which creates the policyholder bill of rights that will protect Michiganders and their property by requiring the insurance industry to act in good faith.

“The insurance industry has created a culture where company profits are placed ahead of the interests of policyholders. The corporate tactics they use to delay and deny payment of claims are unfair and can be harmful, even disastrous, to the individuals and businesses who have paid premiums for years only to have their insurer refuse to pay what was owed when a claim is filed. It is critical that we establish insurance industry standards for investigating and paying claims, so that we can protect consumers and businesses by giving them the right force their insurer to pay what they owe and punish the insurer when it intentionally fails to do so.  

MAJ will continue to support and fight for policyholders and hold the insurance industry responsible for its Bad Faith conduct. Dozens of MAJ members contributed insights and content to make this bill a reality.”

SB 329 would:

• Ensure that the insurance industry has a duty to honor its contracts and obligations in good faith and allows for legal recourse when the industry fails.
• Establish the right of consumers to have claims investigated properly and handled fairly.
• Require insurance companies to promptly pay valid, rightful claims on home, auto, life, and business policies.
• Protect consumers from loss based on policyholder needs, and not on insurance company profits.
• Create reasonable industry standards for investigating and paying claims, as well as reasonable industry standards to protect consumers, businesses, and insurance companies.

"One of the biggest challenges for medical providers is timely and predictable payments from insurance companies,” said Tim Hoste, President of the Coalition to Protect Auto No Fault. “If enacted, this law will ensure that medical providers can rely on the fact that payments for medical services will be made timely, which will result in lower costs to patients and drivers.”

Visit https://www.michiganjustice.org/ for more information about the Michigan Association for Justice.

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About the Michigan Association for Justice

The Michigan Association for Justice, formerly the Michigan Trial Lawyers Association (MTLA), is a trade association of over 1,300 attorneys who represent individuals in injury, employment, civil rights and criminal matters. The organization’s staff has offices in Lansing, Michigan.

Check out items available here! 

What motivated you to become a trial lawyer? I didn’t set out wanting to be a trial lawyer (had I known any growing up in Capac things might have been different). Instead I started my career asking tough questions as a reporter and student of journalism. When I got sick of coming back to the newsroom frustrated after long days in the Missouri statehouse I knew it was time to make a change and I began running political campaigns. After that led me to become Chief of Staff at The Office of the Child Advocate in New Jersey, law school felt like a natural step. Thankfully the experiences I had in school – including winning the AAJ Women’s Caucus Scholarship – put me on the path I’m on now. I see being a trial lawyer as an extension of the advocacy I’ve been passionate about my entire career – telling stories that haven’t been told or in new ways in order to help people.

When did you become a member of MAJ? Why did you decide to join? By the time I moved home to Michigan in 2012, I had worked for a year as an attorney in Southern Illinois and had become active nationally with AAJ. I already knew the important work our association does to help our practices and clients so joining immediately was a no-brainer. Plus, trial lawyers are fun and I love making new friends!

Why do you feel it is important for trial lawyers to be a part of MAJ? At both the state and national level, the camaraderie and support you feel when you are around and have access to other trial lawyers are unmatched. Nobody does what we do, and no one understands our struggles like our colleagues. Apart from the energy and solidarity that membership in MAJ provides, there is political and professional support that no other legal organization can beat.

Why do you feel supporting the Justice PAC is important? MAJ leads the front line in the fight for access to the Courts, to shape the law, and generally to preserve and improve a just system in our state. I’d hate to think of how slanted the scale would be against people if the members and staff of our organization were not out there every day. Between helping to elect pro-civil justice candidates at every level and the legislative work our staff does every day, our PAC helps fend off the influence of corporate greed and ill-gotten profits.

What is distinctive about your practice? And your firm? The Detroit office of Weitz & Luxenberg is one of, if not the only national, plaintiff-side firms with a presence here in Michigan. The effect is that we have the resources, ability to scale, and expertise to handle large matters that others may not. On our own and teamed up with our colleagues, our firm has helped originate and lead major litigation impacting our state, country, and clients. These include the National Opioid Litigation, defective medical products, asbestos exposure, consumer class actions, sex abuse and trafficking, Camp Lejeune, and Flint water, among others.

In particular, my practice is different because of my varied experience representing both individual clients from filing to trial, and work in planning and managing large, complex litigation. Whether it is orchestrating massive discovery operations spanning multiple firms over multiple years, litigating details of ESI agreements that can be case-determinative, or using real world examples of my clients’ lives to help tell their story in court, after 11 years in practice, I feel confident in my ability to help create big change in the world.

What is your most memorable case? There are already so many, but the one I think I will look back on as having taught me the most is my work in the opioid litigation. While we represent more than 60 Michigan cities and counties, because of our firm’s national leadership role we were also active participants in a trial that spanned April until July of this year on behalf of the People of San Francisco. At the end, Walgreens – the only Defendant that remained standing – was found liable for creating the public nuisance of the opioid epidemic in the City. And I found my way of thinking about the practice of law and my career transformed.

What was your most satisfying case? I don’t think I can pick just one here. Generally speaking I find the work I’ve done on behalf of women, juveniles, and seniors has been the most fulfilling. While technically a mass tort, my first client who suffered severe effects from defective transvaginal mesh is someone I think of regularly. Other cases on behalf of incarcerated (and then sexually abused) juveniles, those injured due to nursing home negligence, trafficking survivors, and victims of Larry Nassar remain among the results I am most proud of.

Please provide a brief description of your interests outside the practice of law. In recent years I’ve become an active sailor out of Bayview Yacht Club – and have even secured first and third place Mackinac wins as part of a great crew. Indoor rock climbing takes the place of sailing when the weather is colder. Of course, I also squeeze in as many live performances as I can throughout the year whether it be opera, theater, or concerts. And travel, always travel.

What motivated you to become a trial lawyer? I was motivated at a young age to become a trial lawyer after my father was unfairly laid off by the railroad leaving him unemployed. He was fortunate to eventually get a job as a union employee with Ford, where he retired. I learned to appreciate the value of hard work and the importance of fairness in employment, which led me on the path to becoming a trial lawyer representing individuals discriminated against on the job.

When did you become a member of MAJ?  Why did you decide to join? I became a member in 2008. As an attorney with a small plaintiff’s practice, it is important to become connected with other plaintiff’s lawyers. MAJ provides a unique opportunity to build valuable relationships with other lawyers who also go against large corporations and insurance companies.

Why do you feel it is important for trial lawyers to be a part of MAJ? MAJ provides members with important resources such as relationships with other members, educational opportunities, list server, and legislative action. By harnessing these resources through MAJ membership, plaintiffs’ attorneys can level the playing field with our adversaries who have large firms, large corporate resources, and insurance money at their disposal.    

Why do you feel supporting the PAC is important? It is important to have the right individuals in office who will protect our civil justice system. The constitutional right to a jury trial in civil cases must be preserved. Legislation must be maintained and passed, which allows individuals to hold bad actors, such as large corporations and insurance companies accountable. My individual campaign contributions count, but contributing to the Justice PAC allows for my contribution to be combined with others to make significant contributions to those races most impacting the civil justice system. Like Helen Keller said: “Alone we can do so little; together we can do so much.”

What is distinctive about your practice?  And your firm? For the past 26 years, I have specialized in representing individuals in employment discrimination cases. Employment law can be unique and challenging. The cases are very fact specific. My firm is distinctive for being successful in representing individuals discriminated or retaliated against in employment.

What is your most memorable case? Amenson v Michigan State Police (Oakland County Circuit Court). My most memorable case was a jury trial from this year (2022) involving a disability discrimination case brought on behalf of a Michigan State Police (MSP) Trooper. MAJ Past President Debra Freid was co-counsel on the case. The MSP Trooper was forced to retire after 17 years of employment because he lost his sense of smell in an off-duty injury.

During trial, we successfully argued smelling was not an essential job duty of a MSP Trooper, but a tool, and the plaintiff had other tools, such as his years of experience and training to effectively perform his job. The plaintiff had economic damages of $1.4 million and also suffered emotional distress damages due to the loss of his career as a MSP Trooper. The jury returned a verdict in the plaintiff’s favor for over $6.4 million.

What was your most satisfying case? Battle v Hurley Medical Center (Genesee County Circuit Court). My most satisfying case helped remedy racism in healthcare. In 2013, I represented a 20-year neonatal nurse who was told she could not care for her patient (a newborn) based solely on her race. The case was the first of many brought by my office on behalf of African American healthcare workers discriminated against due to a patient request for care based on race.

The lawsuit brought nationwide attention, inspiring a New York Times bestselling book (Small Great Things, by Jodi Picoult) and a segment on the Katie Couric show.

The case settled with a monetary settlement and an agreement by the hospital to undertake a “root cause analysis” of race discrimination at the hospital, the implementation of an Employee Advocate to specifically address race discrimination claims, and a joint statement by the parties regarding the resolution.

Please provide a brief description of your interests outside the practice of law. Outside of practicing law, my interests include volunteer service. I have served on several volunteer boards. Currently, I am a board member and Secretary for the International Action Network for Gender Equity and Law (IANGEL). IANGEL is an international network of lawyers dedicated to gender equity and justice.

I also enjoy spending time with my family, long walks on the beach, kayaking, golfing, reading, and sunrises.

Is there anything else that you would like to share? MAJ is an invaluable resource for any plaintiff’s lawyer at any stage of his or her career.