Podcasts about michigan november

Fraud in Inception Allows Insurer to Rescind Lamin Fatty appealed the trial court's order granting summary disposition to Farm Bureau on the basis of finding Fatty's fraud was grounds for contract rescission and reimbursement of benefits paid. In Lamin Fatty v. Farm Bureau Insurance Company Of Michigan, No. 363888, Court of Appeals of Michigan (November 21, 2023) the Court of Appeals resolved the dispute. FACTS After a motor vehicle accident where Fatty sustained bodily injuries the issue of rescission was raised when it was discovered that at the time of the accident, Fatty was insured by Farm Bureau under the no-fault act. Fatty obtained insurance with Farm Bureau on July 17, 2019. On the application for insurance, Fatty answered the following question in the negative: "Are any vehicles to be insured used to carry persons for a fee?" Uber records indicated that Fatty began working as an Uber driver in early May 2019 (before he applied for the insurance) and drove for Uber on the day of the accident. Fatty's drive log shows he picked up a rider at 6:05 p.m. and dropped them off at 6:30 p.m. Fatty picked up another rider at 6:38 p.m. and dropped them off at their destination at 6:50 p.m. Fatty continued picking up riders and completing trips that night until 8:17 p.m. After this discovery, Farm Bureau filed a counterclaim on the basis of fraud, requesting reimbursement of benefits paid to or on behalf of Fatty with regard to the accident. The trial court granted Farm Bureau's motion for summary disposition of the counterclaim, including its request for reimbursement of $104,730.82 for benefits paid, because the policy was rescinded under the doctrine of fraud in the procurement. The trial court also found Fatty's fraud entitled Farm Bureau to attorney fees under the no-fault act, and costs. Specifically, the trial court found the requested costs of $2,599.50 were reasonable and awarded $10,000 in attorney fees. Fatty appealed. SUMMARY DISPOSITION OF THE CLAIM The trial court properly rescinded the insurance policy because Fatty committed fraud in the procurement of the contract by explicitly denying using his vehicle to carry passengers for a fee. Because of this rescission, summary disposition of Fatty's claims was appropriate, without regard to whether Fatty was driving for Uber at the time of the accident. Fraud in the inducement to enter a contract renders the contract voidable at the option of the party deceived. An insurer has a reasonable right to expect honesty in the application for insurance. Rescission abrogates the contract and restores the parties to their relative positions had the contract never been made. A court must not hold an insurance company liable for a risk that it did not assume. SUMMARY DISPOSITION OF THE COUNTERCLAIM Reimbursement of the PIP benefits paid to Fatty was an appropriate remedy following rescission. Because the claim was fraudulent and Farm Bureau was the prevailing party, the award of attorney fees and costs was also proper. The trial court properly awarded attorney fees to Farm Bureau. Farm Bureau was forced to defend against a claim pursued under a policy that was procured by fraud. Therefore, the award is within the range of reasonable and principled outcomes and was not an abuse of discretion. Accordingly, the award of attorney fees and costs to Farm Bureau was proper. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support

Fraud in Inception Allows Insurer to Rescind Lamin Fatty appealed the trial court's order granting summary disposition to Farm Bureau on the basis of finding Fatty's fraud was grounds for contract rescission and reimbursement of benefits paid. In Lamin Fatty v. Farm Bureau Insurance Company Of Michigan, No. 363888, Court of Appeals of Michigan (November 21, 2023) the Court of Appeals resolved the dispute. FACTS After a motor vehicle accident where Fatty sustained bodily injuries the issue of rescission was raised when it was discovered that at the time of the accident, Fatty was insured by Farm Bureau under the no-fault act. Fatty obtained insurance with Farm Bureau on July 17, 2019. On the application for insurance, Fatty answered the following question in the negative: "Are any vehicles to be insured used to carry persons for a fee?" Uber records indicated that Fatty began working as an Uber driver in early May 2019 (before he applied for the insurance) and drove for Uber on the day of the accident. Fatty's drive log shows he picked up a rider at 6:05 p.m. and dropped them off at 6:30 p.m. Fatty picked up another rider at 6:38 p.m. and dropped them off at their destination at 6:50 p.m. Fatty continued picking up riders and completing trips that night until 8:17 p.m. After this discovery, Farm Bureau filed a counterclaim on the basis of fraud, requesting reimbursement of benefits paid to or on behalf of Fatty with regard to the accident. The trial court granted Farm Bureau's motion for summary disposition of the counterclaim, including its request for reimbursement of $104,730.82 for benefits paid, because the policy was rescinded under the doctrine of fraud in the procurement. The trial court also found Fatty's fraud entitled Farm Bureau to attorney fees under the no-fault act, and costs. Specifically, the trial court found the requested costs of $2,599.50 were reasonable and awarded $10,000 in attorney fees. Fatty appealed. SUMMARY DISPOSITION OF THE CLAIM The trial court properly rescinded the insurance policy because Fatty committed fraud in the procurement of the contract by explicitly denying using his vehicle to carry passengers for a fee. Because of this rescission, summary disposition of Fatty's claims was appropriate, without regard to whether Fatty was driving for Uber at the time of the accident. Fraud in the inducement to enter a contract renders the contract voidable at the option of the party deceived. An insurer has a reasonable right to expect honesty in the application for insurance. Rescission abrogates the contract and restores the parties to their relative positions had the contract never been made. A court must not hold an insurance company liable for a risk that it did not assume. SUMMARY DISPOSITION OF THE COUNTERCLAIM Reimbursement of the PIP benefits paid to Fatty was an appropriate remedy following rescission. Because the claim was fraudulent and Farm Bureau was the prevailing party, the award of attorney fees and costs was also proper. The trial court properly awarded attorney fees to Farm Bureau. Farm Bureau was forced to defend against a claim pursued under a policy that was procured by fraud. Therefore, the award is within the range of reasonable and principled outcomes and was not an abuse of discretion. Accordingly, the award of attorney fees and costs to Farm Bureau was proper. The trial court properly rescinded the contract because Fatty committed fraud in the procurement by explicitly denying he used his vehicle to carry passengers for a fee. Because the claim was fraudulent and Farm Bureau was the prevailing party, the award of attorney fees and costs was also proper. ZALMA OPINION Rescission is an equitable remedy that allows a contract to be voided from its inception as a result of fraud in the inception. Farm Bureau was deceived by Fatty who lied about a material fact. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support

Breach of Condition Precedent Defeats Policy Blog Post 4673 Plaintiff appealed the trial court's order granting summary disposition in favor of defendant. In 23771 Blackstone, LLC v. Conifer Insurance Company, No. 364333, Court of Appeals of Michigan (November 16, 2023) the Plaintiff sought to avoid the fact it breached the material condition requiring it to maintain a fire sprinkler system as a protective safeguard. FACTS A fire occurred at plaintiff's building in Warren, Michigan. The building housed a marijuana growing operation. Defendant insured the property against fire and other hazards under a commercial property insurance policy that defendant originally issued in 2017 and renewed annually thereafter. The parties did not dispute that defendant's policy included a Protective Safeguards Endorsement (PSE), which provided, in pertinent part that the policy required as a condition precedent that the insured was "required to maintain the protective devices or services listed in the Schedule. The protective safeguards to which the endorsement applied was an Automatic Extinguishing System. After the fire, plaintiff filed a claim under the policy, but defendant denied the claim because the property did not have an automatic extinguishing system (AES). Plaintiff sued alleging that defendant had repeatedly inspected the property and "was aware, or should have been aware, from the inspection and other sources, that the property did not have an automatic sprinkler system." The insurer moved for summary disposition arguing that the policy language was clear and unambiguous, and that because plaintiff did not have an AES on its property, it was precluded from recovering fire protection benefits under the terms of the policy. Plaintiff faced with an obvious failure of a condition responded that that defendant should be estopped from denying coverage for lack of an AES because the PSE was ambiguous since  it did not actually define the system. The trial court ruled that the insurer was entitled to summary disposition because the policy unambiguously precluded coverage if the insured property did not have an AES, and it was undisputed that there was no AES on plaintiff's property. AMBIGUITY Initially, plaintiff argued that the language of the policy was ambiguous and that it should be construed against defendant and in favor of coverage because an AES is not defined in the PSE. Finding that the language of the PSE was not ambiguous the Court of Appeals noted that the PSE refers to a definition of an "automatic sprinkler system," stating that it means: “a. any automatic fire protective or extinguishing system, including connected: (1) Sprinklers and discharge nozzles; (2) Ducts, pipes, valves, and fittings; (3) Tanks, their component parts and supports; and (4) Pumps and private fire protection mains. b. When supplied from an automatic fire protective system; (1) Non-automatic fire protective systems; and hydrants, standpipes, and outlets." [Emphasis added.] Accordingly, the court concluded that the PSE is not ambiguous because it adequately explained the meaning of an AES. However, the mere fact that defendant and plaintiff may have been aware that the property did not have an AES does not establish that the parties mutually understood and agreed that an AES was not required as a condition of coverage. ZALMA OPINION Insurance policies are contracts. They agree to indemnify an insured against multiple risks of loss but never every potential risk faced by the insured. When an insurer requires protective safeguards like fire sprinklers or burglar alarms it reduces its premium because of the fact that the risk of loss is lessened by the protective safeguard. Failure to maintain a protective safeguard, a condition precedent, eliminates coverage because the risk of loss was not as promised. (c) 2023 Barry Zalma & ClaimSchool, Inc. --- Support this podcast: https://podcasters.spotify.com/pod/show/barry-zalma/support

One of the simplest ways to powerfully influence another is with a sincere invitation… The Power of An Invitation Bethel Church | Jackson, Michigan November 12, 2023 AM Pastor Ken Pierpont

Nov. 5, 2023 ~ Host Dave Lorenz talks about November events occurring in Michigan, such as the Grand Rapids International Wine, Beer, and Food Festival, the Old Mission Peninsula Wine Trail Mac n Cheese Bake-Off, the Autumn Artisan Market hosted by Three Oaks, and the Indie Arts and Crafts Festival in Detroit.

How will New Commisioner Jim Petitti Handle Michigan?Advertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy

Aryn Evans (aryn love) [she/they] is an artist, lawyer, ceremonialist, and mindfulness guide [RYT 300]. Her work draws from nature wisdom, psychology, Yoga and Ayurveda, plant magic, and her lifelong study of spiritual traditions. Aryn is the creator and host of love space podcast (https://lovespace.buzzsprout.com).   . Drop into this episode to hear Aryn share about the role medicinal plants and play have guided her along her path as yoga and meditation teacher, mindfulness guide, spiritual coach, and all around rockstar of a human being with a heart of compassionate gold. If you are someone who has been curious about the positive power of plants and living in reciprocity with mother nature, you're going to love this episode. . Connect with Aryn on Instagram: ⁠@arynevans⁠ and be sure to give her show ⁠@lovespacepodcast ⁠⁠a listen! . If you would like to do your own exploring with the modalities discussed in this episode, join Aryn and I on a mystical retreat for the 11/11 portal in the woods of Michigan November 10th-November 12th, 2023. Email us for more details. emilyblackwellyoga@gmail.com / arynevans@gmail.com

#RPW #GCW #Deathmatch Tonight we are joined by THE DUKE John Wayne Murdoch ahead of his showdown here in Michigan November 26th at Ruthless Pro Wrestling Deathrite ! We'll get his thoughts on squaring off with Tommy Vendetta as well as his recent win in the Nick Gage Invitational and more ! Brought to you by G3 Payroll Tax and Accounting https://www.facebook.com/G3Payroll and Michigan's Finest ! Use code KO3MF to receive 10 percent off you order ! (excludes featured items and Items on Sale ) mi-finest.com

This Episode is sponsored by Better Help Get 10% off your first month with betterhelp.com/morningcup November 21st: Robert Lee Haggart Dies (2003) Hard work and determination are needed to solve some of the coldest cases. On November 21st, 2003 a man died behind bars while serving time for committing one of the worst massacres in Michigan history. But, the hard work and determination of one detective who refused to give up finally connected that same man to a decades-old crime for which he would never see any conviction.  https://www.mlive.com/news/saginaw/2009/07/police_say_infamous_farwell_ki.html, https://www.ourmidland.com/news/article/Mass-murderer-dies-7127164.php, ,https://www.ourmidland.com/news/police_and_courts/article/DNA-unravels-murder-30-years-later-7003884.php , https://www.themorningsun.com/sports/farwell-mass-killer-struck-five-years-earlier/article_e6b6ccc6-dd84-5f78-a325-247c9e39858a.html, https://www.nydailynews.com/news/crime/ny-news-justice-story-post-family-slaughter-20190310-story.html

Travel Michigan ~ November 20, 2022

Travel Michigan ~ November 13, 2022

Preparing for Michigan - November 9th, 5pmAdvertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy

Casey Thompson Officially OUT vs MichiganAdvertising Inquiries: https://redcircle.com/brandsPrivacy & Opt-Out: https://redcircle.com/privacy

Travel Michigan ~ November 6, 2022

EARLY BIRD NOTICE! Join the new FB Group for Women who are ready to do the work in their Stepfamilies!Big NEWS! Big ANNOUNCEMENT! Inside!!!Today's amazing episode asks powerful questions about the church's role in ministering to stepfamilies. Church Leaders: What if you (your church) were known for that consistent soft landing where kids felt safe to express their hurts about their broken families?What if you were the church that could roll out the welcome mat and say, "Come on in. We understand that life is tough for you as a blend. We may not get all your hurt, but we get that you have been hurt and we want to let you know that you are forgiven. It's safe here. Come on in.!" What if your congregation was known for welcoming and ministering to blended families?! What would change in your ministries & outreach?Join Pastors Josh Groce & Bill Rogers, along with their wives, Kristy Groce & Jen Rogers as they explore these and other blending hot buttons and offer up some ideas about the theology of divorce.What do you think? Do you agree? The church is a blended family made up of adopted people into the kingdom family where all brothers and sisters. By adoption, we are all brothers and sisters. Not because we were born that way--we've all been grafted in and that's a blended family!Find out more about Josh & Kristy Groce and the Perfectly Blended Event coming up in Flint, Michigan November 5, 2022If you're ready to ditch the chaos caused by high conflict stepfamily norms, regain intimacy as a couple, and begin to live your Kingdom Legacy right now, you're in the right place.  We pray you enjoy this episode of Stepfamily Mission POSSIBLE!, and if so, rate and review!   Want even more guidance and support?You do?! Then say hi and help us grow on Instagram, check out our FB Page, or book a free, 30 minute consult to get started!Blessings,Bill & Jen

Travel Michigan ~ November 28, 2021

This is Melody.  She came to Animal Aid with a crushed tail and two male kittens. Both of Melody’s boys are in a wonderful home and she is now looking for her own forever home. Melody has recovered from the surgery to remove most of her tail, leaving a small nub. She has been spayed and received her vaccinations. Melody has come out of her shell and is proving to be a sweet, affectionate girl. She is good with other cats and dogs, and has been around young children. Melody is quiet and a bit shy, but loves to show her belly for pets. Can this beautiful girl come to your home for the holidays? Call Animal Aid at 269-926-4279 for more information about our beautiful Melody.See omnystudio.com/listener for privacy information.

This is Melody.  She came to Animal Aid with a crushed tail and two male kittens. Both of Melody’s boys are in a wonderful home and she is now looking for her own forever home. Melody has recovered from the surgery to remove most of her tail, leaving a small nub. She has been spayed and received her vaccinations. Melody has come out of her shell and is proving to be a sweet, affectionate girl. She is good with other cats and dogs, and has been around young children. Melody is quiet and a bit shy, but loves to show her belly for pets. Can this beautiful girl come to your home for the holidays? Call Animal Aid at 269-926-4279 for more information about our beautiful Melody.See omnystudio.com/listener for privacy information.

This is Melody.  She came to Animal Aid with a crushed tail and two male kittens. Both of Melody’s boys are in a wonderful home and she is now looking for her own forever home. Melody has recovered from the surgery to remove most of her tail, leaving a small nub. She has been spayed and received her vaccinations. Melody has come out of her shell and is proving to be a sweet, affectionate girl. She is good with other cats and dogs, and has been around young children. Melody is quiet and a bit shy, but loves to show her belly for pets. Can this beautiful girl come to your home for the holidays? Call Animal Aid at 269-926-4279 for more information about our beautiful Melody.See omnystudio.com/listener for privacy information.

Series: Finishing Faithful (1 Peter) When Suffering is A Good Time (1 Peter 4:1-6) Ken Pierpont-Lead Pastor Bethel Church | Jackson, Michigan November 21, 2021 AM

Travel Michigan ~ November 21, 2021

Travel Michigan ~ November 7, 2021

Was Jesus Joyful? (John 15:11) Bethel Church | Jackson, Michigan November 10, 2019 AM Ken Pierpont-Lead Pastor

SY5Tu9btLoXqE1E4VpvA Steve joins us to discus his career and adoption. This one is fire!!!

How to Become a Generous Soul Bethel Church–Jackson, Michigan November 25, 2018 AM Lead Pastor Ken Pierpont In this message I explain to the church four ways to have a generous soul. The passage is one of the richest text in the Bible about generosity. In the message I share some stories about God’s provision […]

When Thanksgiving is Hard Bethel Church-Jackson, Michigan November 18, 2018 AM Pastor Ken Pierpont

Series: The Jonah Story What’s Your Gourd Bethel Church–Jackson, Michigan November 4, 2018 AM Ken Pierpont–Lead Pastor

This week on In It Together, hosts Jeremy Agosta, Emilly Davis and Brent Gunn talk Jacob Wohl's fraudulent narratives making the media rounds, as well as a voters' guide for the Michigan November election proposals.  Keep listening to CM Life podcasts  www.cm-life.com/multimedia    Stay in touch with us    twitter.com/cmlife  www.facebook.com/cmlife