Insurance | Fraser Blog

Fall in Michigan: Safely Handling Deer/Automobile Accidents

You did the right thing… you did not swerve but have hit a deer… now what?

During the next couple of months there will be thousands of deer/car accidents in both rural and suburban Michigan. In fact, statistics suggest that there will be over 50,000 deer/car accidents during the 2020 calendar year. The Michigan State Police report that 80% of these accidents will occur between dawn and dusk, but they are not limited to rural areas. Indeed, for example in the Lansing area alone, Meridian Township had 129 car/deer accidents, and Delta Township had 128 deer/car accidents in 2018. Simply stated, if you drive enough, there is an excellent chance that at some point in time you will be involved in a car/deer accident.

When that happens what should you do?

First, and foremost, if it is still drivable, get your vehicle as far off the traveled portion of the highway as possible. Activate your hazard warning flashers but stay in your vehicle! Getting out of your vehicle places you in a zone of danger that you need to avoid at all costs. The adrenaline will be flowing right after the accident but control it and think safety. Use your cell phone and call 911 which, hopefully, will dispatch a police car to the scene. Regardless, you should receive a police report number even if a police car is not dispatched to the accident. This is important so that you can provide your insurance company with evidence that the accident was a car/deer accident as opposed to a collision claim. Car/deer accidents (or other car/animal accidents) are covered under what is referred to as the comprehensive insurance coverage of your auto policy. Typically, your comprehensive coverage will have a substantially lower deductible than your collision coverage. You will need to check with your insurance agent to determine your “out-of-pocket” costs of repair.

Finally, remember that if you wish to keep the deer you may do so. You will need to advise the responding police officer that you would like a highway deer kill permit. The police officer will then give you a tag to transport the deer. If you take the deer that you have hit without a permit you could be in trouble with law enforcement or the Department of Natural Resources. Keep in mind too that even if you are not a fan of venison there are organizations that would be happy to accept the donation of your deer.

Most importantly, stay safe after your unavoidable car/deer accident.

Fraser Trebilcock Shareholder Gary C. Rogers has firsthand experience with car/deer accidents, having been involved in four himself; Gary is recognized as one of the top civil defense attorneys in the area of automobile related cases, and he has co-written Michigan No-Fault Law-The Insurers’ Perspective, a handbook for handling claims under Michigan’s No-Fault Automobile legislation. Gary can be reached at grogers@fraserlawfirm.com or (517) 377-0828.

COVID-19 and Business Interruption Coverage

COVID-19 has already caused severe disruption to the economy in every state, our nation, and the world. In the United States, government entities as well as the private sector are implementing more and more drastic measures to respond to COVID-19. While these efforts may be wise in light of the substantial public health concerns, they threaten to bring parts of the economy to a virtual halt, adversely impacting most every business and resulting in substantial losses.

These losses for businesses, coupled with having to fully close or halt nearly the vast majority of the scope of services they provide, are detrimental to the longevity of their operations. If there is an expectation that these events caused by COVID-19 would trigger their business interruption coverage, this might not be the case.

Insurance companies over nearly the past two decades have begun to quietly remove infectious diseases from the coverage, starting with the SARS epidemic in 2003, followed by the H1N1 virus in 2009.

Some states are aware of this, and are in the process of passing legislation to ensure that insurers pay businesses interruption claims during this pandemic.

While COVID-19 presents a unique and difficult situation for all of us, this presents a great opportunity to review your own business interruption coverage policy to fully understand your coverage and exceptions to such coverage.

We have created a response team to the rapidly changing COVID-19 situation, and will continue to post any new developments. You can view the page and additional resources by following the link here. In the meantime, if you have any questions, please contact your Fraser Trebilcock attorney.

Should You Consider Long-Term Care Insurance?

It is very difficult to predict whether you or a loved one will one day need long-term care insurance. A diagnosis like Alzheimer’s disease or another dementia can drastically change your life and your financial plans. With an estimated five million Americans currently diagnosed with the disease, and a new diagnosis every 66 seconds, Fraser Trebilcock attorney Melisa M. W. Mysliwiec says it’s important to plan ahead.

“We don’t know if we’re going to get Alzheimer’s or anything like that. I think the best thing is to have your team of advisers. 30’s, 40’s, 50’s, is a good time to meet with an attorney, get estate planning documents put in place so there’s someone to act on your behalf if you become unable to,” Melisa said in an interview with WILX News 10’s Ann Emmerich. Other important advisors to have on your team include a financial planner, accountant, and insurance agent.

These critical estate planning documents include: durable powers of attorney and patient advocate designations. You’ll also want to closely review assets and your financial plans with a financial planner when considering an investment in long-term care insurance. Long-term care insurance isn’t for everyone and a financial planner can assist in making that determination. This is especially important, Melisa says, because even if you decide to buy long-term care insurance, the plan you choose will affect how much the insurance covers.

“There’s a big difference between getting a hundred dollars for help with care at home, versus paying privately in a nursing home which might be $250 or $270 dollars a day. So you really want to look at how much you can get per day and then there’s usually a cap on how many years it will pay out, too,” she said.

On average, people with Alzheimer’s live ten years with the disease, or longer, according to the Alzheimer’s Association. This means that families are left to pay for additional medical and living expenses for prolonged periods of time. So not only does the disease progressively devastate the health of the patient, it also takes a financial toll on families.

To read more about long-term health insurance, and hear one woman’s personal struggle with paying for her husband’s care after he was diagnosed with Alzheimer’s disease, read News 10’s full story here.

It’s important to note that even if you have long-term care insurance, you may ultimately have to rely on Medicaid. Recent rule changes could affect how much you receive from Medicaid without any penalties. Melisa explains why your caretaker agreement should be Medicaid-compliant, even before you decide to apply for Medicaid, in this blog.

If you have more questions about putting together a plan in case you or a loved one are diagnosed with Alzheimer’s disease, attorneys Melisa Mysliwiec and Paula M. Manderfield will be presenting on Alzheimer’s Legal and Financial Planning on Wednesday, March 8 at MSU Federal Credit Union’s East Lansing Branch, from 6-7:30 p.m. Advance registration is requested.

Court of Appeals: No-Fault Insurers Cannot Avoid Penalty Interest by Delaying Benefit Payments While Claim is Under Investigation

In a recent opinion marked for publication, the State of Michigan Court of Appeals made clear that no-fault insurers cannot avoid penalty interest by delaying benefit payments while a particular claim is under investigation. Continue reading Court of Appeals: No-Fault Insurers Cannot Avoid Penalty Interest by Delaying Benefit Payments While Claim is Under Investigation

Litigation Department Chair Wins Life Insurance Policy Case

Fraser Trebilcock Litigation Department Chair, Thad Morgan, recently prevailed in a case involving a question of coverage under a life insurance policy. The main question in the case was whether the insurer properly denied the claim and rescinded the policy based upon a misrepresentation in the insurance application. The court agreed that the misrepresentation was material and granted summary disposition in favor of the insurer.

Thaddeus E. Morgan is the immediate past president of Fraser Trebilcock and currently serves as the firm’s State Capital Group voting representative. Continue reading Litigation Department Chair Wins Life Insurance Policy Case

New Year’s Resolution: Purchase Automobile Coverage that Protects You in the Event the Other Driver Fails To Do So

The beginning of the year is always an excellent time to look at your financial situation. Financial planning, modifying your investments, determining what amount to put into your IRA or 401K plan, and college planning are all important and should be addressed at least once a year. There is no better time to do it than in January when the dust has cleared from the holiday activities. However, one area that is often overlooked is making sure you have the right auto coverages. Unfortunately, insurance agents seldom contact you at the time of renewal to make sure you have the right coverages. We tend to grimace and pay the premium. We have to as insurance in Michigan is mandatory to a degree. Continue reading New Year’s Resolution: Purchase Automobile Coverage that Protects You in the Event the Other Driver Fails To Do So

Michigan to Allow Health Insurers to Reinstate Canceled Plans

If your health insurance policy was cancelled in anticipation of the start of the Affordable Care Act, you may soon be able to have it reinstated.

Today, the Michigan Department of Insurance and Financial Services (DIFS) said that after careful review, Michigan is allowing health insurers to reinstate cancelled policies.

Continue reading Michigan to Allow Health Insurers to Reinstate Canceled Plans

Blue Cross Blue Shield Seeks Partners for New Exclusive Provider Networks

Hospitals, health systems and group practices (“Providers”) have a new opportunity to create localized, exclusive provider networks by partnering with Blue Cross Blue Shield of Michigan (“BCBS”) for its new insurance products. With the looming implementation of the of Patient Protection and Affordable Care Act (“ACA”), BCBS believes that many individuals will be willing to trade broad network access for a quality local network and a lower-cost insurance premium.

Continue reading Blue Cross Blue Shield Seeks Partners for New Exclusive Provider Networks

Hit It!

Slow as much as you can but hit it!!!…rather than swerve. I am referring to objects that suddenly appear in the road ahead of a driver. This advice is often given in relation to deer darting out in front of an automobile. Generally speaking, striking a 150 pound deer will cause much less damage and result in significantly less chance of a personal injury than veering or swerving, losing control and striking an object along the side of the road or rolling the vehicle. (I am aware of one such incident where the driver managed to save the deer, but left the traveled portion of the road, struck a tree and broke her back in the subsequent collision. She was off from work for more than a year.)

Continue reading Hit It!

Why Automobile Ownership is Important

Due to the hype about avoiding probate, many couples title their motor vehicles in both of their names. For convenience, some couples title their vehicles in the name of the spouse who purchased them regardless of who regularly drives them. Not paying close attention to how motor vehicles are owned can have devastating effects in Michigan.

Continue reading Why Automobile Ownership is Important