Research on burden of proof of insurer to reimburse …

17/4/2017 · Hearns v Ujkaj, 180 Mich App 363, 367-68; 446 NW2d 657, 658-59 (1989) (citing Bialochowski v. Cross Concrete Pumping Co., 428 Mich 219, 230-231, 407 NW2d 355 (1987). Also, "[r]eimbursement may be obtained without regard to whether the third-party recovery is for the same elements of loss compensated by the workers' compensation benefits."

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COA 337595 JEFFERY BECK V ALPINE SHREDDERS LIMITED …

Hearns, 180 Mich App at 367-368, citing Bialochowski v Cross Concrete Pumping Co, 428 Mich 219, 230-231; 407 NW2d 355 (1987), overruled in part on other grounds Winter v Auto Club of Mich, 433 Mich 446, 458 n 10; 446 NW2d 132 (1989). Additionally

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Putkamer v. Transamerica Ins. Corp., 563 N.W.2d 683, …

Cross Concrete Pumping Co., 428 Mich. 219, 229, 407 N.W.2d 355 (1987), and disapproved of it: In Bialochowski, supra at 229, 407 N.W.2d 355, we stated: "Having concluded that the equipment truck was a motor vehicle being used as a motor vehicle, our inquiry is not complete.

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Michigan Bell Tel. Co. v. Short, 395 N.W.2d 70, 153 Mich. …

153 Mich. App. 431 (1986) 395 N.W.2d 70 MICHIGAN BELL TELEPHONE COMPANY v. SHORT Docket No. 84357. Michigan Court of Appeals. Decided July 21, 1986. Albert Calille and J. Kent Cooper, for plaintiff. Brian M. Barkey, for defendant. [*] JJ. M.J

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CLEMENT C SUTTMAN V WOLVERINE MUTUAL INS CO :: …

2 See Antcliff v State Employees Credit Union, 414 Mich 624, 639-640; 327 NW2d 814 (1982) (a products liability action, in which the defendant manufactured a power scaffold that collapsed in an "accident"); Bialochowski v Cross Concrete Pumping Co, 428 Mich

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McKenzie v. Auto Club Ins. Ass'n, 580 N.W.2d 424, 458 …

7/1/1998 · The first step arises initially from Bialochowski v. Cross Concrete Pumping Co., 428 Mich. 219, 407 N.W.2d 355 (1987). In Bialochowski, we addressed a situation where a pump attached to a parked concrete truck exploded, injuring the plaintiff.

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Winter v. Auto. Club of Mich. :: 1989 :: Michigan Supreme …

Thereafter, while the instant case was pending before the Court of Appeals, we decided Bialochowski v Cross Concrete Pumping Co, 428 Mich 219; 407 NW2d 355 (1987). Concluding that Bialochowski had "implicitly overruled" Johnston, the Court of Appeals reversed, holding that the tow truck was being used as a motor vehicle.

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WOJCIECHOWSKI v. CENTRAL | 187 Mich. App. 116 …

22/1/1991 · Bialochowski v Cross Concrete Pumping Co, 428 Mich. 219, 230-231; 407 N.W.2d 355 (1987). The employer may obtain reimbursement regardless of whether the employee's third-party recovery is for the same elements of loss compensated by the workers

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STATE OF MICHIGAN COURT OF APPEALS

overruled the holding in Bialochowski v Cross Concrete Pumping Co, 428 Mich 219; 407 NW2d 355 (1987). McKenzie, 458 Mich at 223-224. In Bialochowski, the plaintiff was injured when a concrete pump permanently mounted to a motor vehicle exploded while

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DRAKE v. CITIZENS INSURANCE COMPANY |

23/2/2006 · Cross Concrete Pumping Co., 428 Mich. 219, 407 N.W.2d 355 (1987), which was expressly overruled in McKenzie, supra at 223-224, 580 N.W.2d 424. In Bialochowski, our Supreme Court found that an injury sustained while a cement truck was pumping concrete had arisen "out of the use of a motor vehicle as a motor vehicle." 1 Bialochowski, supra at 228-229, 407 N.W.2d 355.

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Michigan: Identifying and Exploiting the "Queen …

30/5/2014 · Bialochowski v. Cross Concrete Pumping Co ., 407 N.W.2d 355, 360 (Mich. 1987) (subsequent case history omitted). One Michigan appellate court has stated that "[a]ny weekly workers' compensation benefits paid beyond that three-year period cannot properly be regarded as a substitute for benefits under the no-fault act."

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No-Fault Subrogation Archives - The Subrogation Strategist

Cross Concrete Pumping Co., 407 N.W.2d 355, 360 (Mich. 1987) (subsequent case history omitted). One Michigan appellate court has stated that "[a]ny weekly workers' compensation benefits paid beyond that three-year period cannot properly be regarded as a substitute for benefits under the no-fault act."

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JAMES D BORAH V WOLVERINE MUTUAL INSUR CO :: …

Justia › US Law › Case Law › Michigan Case Law › Michigan Court of Appeals - Unpublished Opinions Decisions › 1997 › JAMES D BORAH V WOLVERINE MUTUAL INSUR CO

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COA 337595 JEFFERY BECK V ALPINE SHREDDERS LIMITED …

Hearns, 180 Mich App at 367-368, citing Bialochowski v Cross Concrete Pumping Co, 428 Mich 219, 230-231; 407 NW2d 355 (1987), overruled in part on other grounds Winter v Auto Club of Mich, 433 Mich 446, 458 n 10; 446 NW2d 132 (1989). Additionally

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McKENZIE v. AUTO CLUB INSURANCE ASSOCIATION | …

14/7/1998 · Cross Concrete Pumping Co., 428 Mich. 219, 407 N.W.2d 355 (1987), which is also inconsistent with the approach posited here. In Bialochowski, this Court concluded that an injury incurred while a cement truck was unloading its product arose out of …

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McKENZIE v. AUTO CLUB | 211 Mich. App. 659 | Mich. Ct. …

Get free access to the complete judgment in McKENZIE v. AUTO CLUB on CaseMine. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Once you create your profile, you will be able to

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STATE OF MICHIGAN COURT OF APPEALS

overruled the holding in Bialochowski v Cross Concrete Pumping Co, 428 Mich 219; 407 NW2d 355 (1987). McKenzie, 458 Mich at 223-224. In Bialochowski, the plaintiff was injured when a concrete pump permanently mounted to a motor vehicle exploded while

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Michigan: Identifying and Exploiting the "Queen …

30/5/2014 · Bialochowski v. Cross Concrete Pumping Co ., 407 N.W.2d 355, 360 (Mich. 1987) (subsequent case history omitted). One Michigan appellate court has stated that "[a]ny weekly workers' compensation benefits paid beyond that three-year period cannot properly be regarded as a substitute for benefits under the no-fault act."

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Robert M. Caplan, Author at The Subrogation Strategist

The determination of whether a workers' compensation carrier's payments "exceed" PIP benefits otherwise payable "involves a factual question." Bialochowski v. Cross Concrete Pumping Co., 407 N.W.2d 355, 360 (Mich. 1987) (subsequent case history omitted).

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No-Fault Subrogation Archives - The Subrogation Strategist

Cross Concrete Pumping Co., 407 N.W.2d 355, 360 (Mich. 1987) (subsequent case history omitted). One Michigan appellate court has stated that "[a]ny weekly workers' compensation benefits paid beyond that three-year period cannot properly be regarded as a substitute for benefits under the no-fault act."

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