When a claim becomes a case, carriers need defense counsel who know Michigan’s courts from the inside.
Insurance Defense Litigation Attorneys in Ann Arbor, Michigan
When a claim lands on a carrier’s desk, the clock starts running. Discovery deadlines, case evaluation panels, and trial dates follow in sequence. For insurers operating in Michigan, the legal framework adds complexity that other states do not impose. The no-fault automobile system, the tort threshold for bodily injury claims, and the evolving landscape of premises liability and coverage disputes all require defense counsel who know this state’s courts from the inside.
The insurance defense litigation attorneys at Conlin, McKenney & Philbrick, P.C. have represented carriers and self-insured entities across Southeast Michigan for decades. CMP Law is listed on AM Best’s Claims Resource and maintains long-standing relationships with major carriers including Auto Club Insurance Association (AAA), Auto-Owners Insurance Company, Hastings Mutual, Michigan Millers Mutual, State Farm, and Titan Insurance, in addition to Fortune 500 self-insured corporations. The firm’s litigation group is its largest practice, with attorneys who try cases in Circuit Courts across the state, frequently including Washtenaw, Wayne, Oakland, Macomb, and Jackson Counties, as well as federal courts and district courts throughout the state.
Insurance Coverage Disputes and Bad Faith Defense
Coverage disputes arise when the scope of a policy is contested, when exclusions are challenged, or when the duty to defend is at issue. Michigan courts interpret insurance policies under established rules of construction, enforcing the plain language of the contract and giving undefined terms their commonly understood meaning. It is critical that insurance coverage counsel understands Michigan’s contract interpretation scheme and has the skill to apply it to the unique facts of each coverage dispute.
CMP Law handles first-party and third-party coverage litigation, including disputes over commercial general liability policies, homeowner’s policies, commercial property coverage, professional liability policies, life insurance policies, and automobile insurance policies. The firm also defends insurers against claims for extracontractual damages. Michigan does not recognize an independent tort action for bad faith breach of an insurance contract, but Michigan insurance law imposes 12% penalty interest on claims not paid on a timely basis, and failure-to-settle theories may expose a carrier to liability beyond policy limits, transforming a coverage dispute into an exposure that demands early and aggressive legal strategy.
CMP Law’s insurance defense attorneys have successfully defended countless insurance coverage disputes, ranging from moving for summary disposition to enforce policy exclusions and policy duties, to securing defense verdicts in favor of our carriers and their insureds at trial.
Premises Liability and Products Liability Defense
Premises liability claims in Michigan are governed by the possessor’s duty of care, which varies depending on the injured person’s status as an invitee, licensee, or trespasser. Following the Michigan Supreme Court’s 2023 decision in Kandil-Elsayed v. F & E Oil, Inc., a property owner owes invitees a duty to exercise reasonable care to protect them from unreasonable risks of harm, even if a hazard is open and obvious. However, the open and obvious nature of a condition is still relevant to the plaintiff’s comparative fault. Comparative fault under Michigan’s modified system reduces a plaintiff’s economic damages by their percentage of fault and bars non-economic damages entirely if the plaintiff’s fault exceeds 50%.
Products liability defense requires a different framework. Michigan’s product liability act establishes standards for manufacturing defects, design defects, and failure-to-warn claims. The firm defends manufacturers, distributors, and retailers against claims involving industrial equipment, consumer goods, and automotive components. CMP Law coordinates products defense with the firm’s business and corporate law practice when claims implicate contractual indemnification or insurance procurement obligations.
Premises and products liability claims commonly involve a complex web of individuals and companies, requiring the knowledge and skill to recognize and seize on opportunities to tender defense and indemnification. Expertly understanding the intricacies of contracts and duties in such cases, including leases, vendor agreements, and insurance policies, allows the lawyers at CMP Law to protect their clients from exposure when possible, drastically reducing or eliminating our clients’ costs of litigation and damage exposures.
Michigan No-Fault Automobile and Third-Party Tort Defense
Michigan’s no-fault automobile insurance system remains one of the most distinctive in the nation. Following the 2019 reform of the Michigan No-Fault Act (Public Acts 21 and 22), drivers choose from six personal injury protection (PIP) medical coverage levels: unlimited, $500,000, $250,000, $250,000 with exclusions for household members who have qualifying health coverage, $50,000 (available to Medicaid enrollees), or a full opt-out for those enrolled in Medicare with qualifying household member coverage. The reform also introduced a Medicare-based fee schedule for medical providers and imposed attendant care limitations for family-provided in-home care.
These changes have reshaped no-fault litigation. Disputes now arise over the selected PIP tier, coordination of benefits between PIP and health insurance, fee schedule compliance, and claims for excess medical expenses. CMP Law defends carriers in PIP disputes, UM/UIM claims, mini-tort claims, and subrogation matters.
The No-Fault Act’s provisions also have a direct effect on third-party tort threshold claims, wherein plaintiffs sue allegedly at-fault automobile owners or operators for damages unavailable under the No-Fault Act. In such cases, the plaintiff must meet the tort threshold under Michigan’s no-fault law. CMP Law defends carriers’ insured individuals and companies against such claims and has successfully disposed of cases through summary disposition, alternative dispute resolution, and trial over decades of practice.
Trial Practice and Appellate Advocacy
Not every case settles. CMP Law’s insurance defense attorneys have tried cases in every county across Southeast Michigan and in federal courts in both the Eastern and Western Districts. The firm participates in Michigan’s case evaluation process, mediations, and other ADR proceedings, but prepares every file with the expectation that it may go to verdict.
When a trial produces an adverse result, the firm’s appellate practice provides continuity. CMP Law attorneys have prevailed before the Michigan Court of Appeals and the Michigan Supreme Court on coverage interpretation, tort liability, and procedural issues. That appellate capability also supports pretrial motion practice, where dispositive motions on burdens of proof or statutory defenses can resolve cases before they reach a jury. The firm’s general civil litigation and municipal law practices share this trial infrastructure.
Decades of Defense Experience Across Michigan
CMP Law’s insurance defense practice is the firm’s largest and longest-running litigation group. The team has collectively handled thousands of defense matters for carriers and self-insured entities over seven decades, spanning personal injury, property damage, coverage, and commercial disputes across Washtenaw County and throughout Michigan. That volume of courtroom experience, combined with the firm’s listing on AM Best’s Claims Resource, reflects a practice built on results carriers can verify.
Since 1937.
Conlin, McKenney & Philbrick, P.C. has practiced in Ann Arbor since 1937. The firm works across the full range of civil law, so a matter that touches regulatory questions, tax exposure, and potential litigation moves through one team without the friction of coordinating outside counsel. One relationship. One place that knows the file.
CMP Law attorneys serve on the boards of the Ann Arbor Area Community Foundation, Washtenaw United Way, and the Washtenaw County Bar Association. The firm has earned the State Bar of Michigan’s highest pro bono recognition, the Pro Bono Circle of Excellence, and a place in the Founders Society of the Michigan Access to Justice Fund.
Frequently Asked
Questions
What is Michigan’s no-fault automobile insurance system?
Michigan is one of a small number of states with a true no-fault system. Under the Michigan No-Fault Act, drivers carry personal injury protection (PIP) coverage that pays their own medical expenses, wage loss benefits, and replacement services regardless of fault. Following the 2019 reform, drivers choose from tiered PIP coverage levels ranging from $50,000 to unlimited. To sue another driver for pain and suffering, the injured person must meet the tort threshold: death, serious impairment of body function, or permanent serious disfigurement. The system is designed to ensure prompt medical coverage while limiting tort litigation to serious injury cases.
What is a bad faith insurance claim in Michigan?
Bad faith in the insurance context refers to an insurer’s unreasonable denial, delay, or underpayment of a legitimate claim. Michigan does not recognize an independent tort action for bad faith breach of an insurance contract. However, Michigan law allows a court to award 12% penalty interest per annum on claims not paid on a timely basis. For first-party claims, the penalty interest applies when the insurer fails to pay within 60 days of receiving satisfactory proof of loss. For third-party tort claimants, the additional elements of being not reasonably in dispute and a judicial finding of bad faith are required. The best defense is thorough documentation of the claims investigation, a well-reasoned coverage analysis, and timely communication with the insured.
What is the tort threshold for bodily injury claims in Michigan?
Under Michigan’s no-fault law, a person injured in a motor vehicle accident may not sue for noneconomic damages (pain and suffering) unless the injury results in death, serious impairment of body function, or permanent serious disfigurement. The Michigan Supreme Court has defined serious impairment of body function as an objectively manifested impairment of an important body function that affects the person’s general ability to lead a normal life. This threshold is a question of law for the court to decide, and it serves as a gatekeeping mechanism that can resolve cases before trial through summary disposition.
How does Michigan’s case evaluation process work?
Case evaluation under Michigan Court Rule 2.403 is a form of alternative dispute resolution available in civil cases. A panel of three attorneys reviews case summaries and issues a monetary evaluation. If both parties accept, the case settles for the evaluated amount. If either side rejects, the case proceeds toward trial. Prior to 2022, Michigan court rules imposed cost-shifting sanctions on parties who rejected evaluations and failed to improve their position at trial. The Michigan Supreme Court removed the court-rule sanctions provision effective January 1, 2022. Statutory case evaluation requirements with sanctions remain in effect for certain case types, including medical malpractice actions. Parties may also use offers of judgment under the court rules, which retain a cost-shifting mechanism.
What types of insurance carriers does CMP Law represent?
CMP Law represents a broad range of carriers and self-insured entities, including property and casualty insurers, automobile insurers, professional liability carriers, and mutual insurance companies. The firm’s client roster includes Auto Club Insurance Association (AAA), Auto-Owners Insurance Company, Hastings Mutual, Michigan Millers Mutual, State Farm, and Titan Insurance. CMP Law is listed on AM Best’s Claims Resource, a directory carriers use to identify qualified defense counsel. The firm also defends self-insured municipalities and road commissions through its municipal law and employment law practices.