McKelvie v. Auto Club Insurance

19 Citing cases

  1. Allen v. State Farm

    268 Mich. App. 342 (Mich. Ct. App. 2005)   Cited 7 times
    In Allen, the Court of Appeals reaffirmed Mester's limitation of the family-joyriding exception to motor vehicle users who were related to the owners.

    The statutory phrase is "personal protection insurance benefits," but they are also known as "first-party" or "PIP" benefits. McKelvie v. Auto Club Ins Ass'n, 459 Mich 42, 44 n. 1; 586 NW2d 395 (1998). The facts of this case are largely uncontested.

  2. Esterhai v. Farm Bureau Mut. Ins. Co. of Mich.

    No. 313690 (Mich. Ct. App. Mar. 13, 2014)

    However, representation not related to the recovery of overdue benefits "is outside the scope of the statutory authorization for an attorney fee award, whether at the trial level or on appeal." McKelvie v Auto Club Ins Ass'n, 459 Mich 42, 48; 586 NW2d 395 (1998) (quotation marks and citations omitted). Plaintiff contends that her attorney's actions on appeal in Esterhai I fall outside this rule because certain amounts by defendant were not paid until August 27, 2010, and certain awarded expenses purportedly remain unpaid.

  3. Shields v. Government Employees Hospital Association

    Case No. 1:03-cv-395 (W.D. Mich. Feb. 8, 2008)

    (Id., Exs. 4, 5). State Farm disagrees. Both parties cite to McKelvie v. Auto Club Insurance Ass'n, 586 NW2d 395, 459 Mich. 42, (1998) (McKelvie (III) to support their respective positions. In both the present case and McKelvie, attorney fees were awarded pursuant to MICH. COMP. L. § 500.3148(1), which provides that an "attorney is entitled to a reasonable fee for advising and representing a claimant in an action for personal or property protection insurance benefits which are overdue.

  4. Morosini v. Citizens Insurance Company of America

    461 Mich. 303 (Mich. 1999)   Cited 10 times
    In Morosini v Citizens Ins Co, 461 Mich 303, 305; 602 NW2d 828 (1999), the plaintiff, while driving a motor vehicle, was rear ended.

    The statutory phrase is "personal protection insurance benefits" — also known as "first-party" or "PIP" benefits. McKelvie v ACIA, 459 Mich. 42, 44, n 1; 586 N.W.2d 395 (1998). Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, subject to the provisions of this chapter.

  5. Cent. Home Health Care Servs. v. Mich. Assigned Claims Plan

    No. 366589 (Mich. Ct. App. Feb. 18, 2025)

    The proper statutory name for this coverage is "personal protection insurance," MCL 500.3107(1), but it is "abbreviated PIP by convention." McKelvie v Auto Club Ins Ass'n, 459 Mich. 42, 44 n 1; 586 N.W.2d 395 (1998). In 2022, Central Home sued ACIA to recover payment for "overdue benefits" under MCL 500.3112.

  6. Demske v. Fick

    No. 362739 (Mich. Ct. App. Apr. 18, 2024)   Cited 1 times

    Personal protection insurance benefits are also known as "first party" or "PIP" benefits. McKelvie v. Auto Club Ins Ass'n, 459 Mich. 42, 44 n 1; 586 N.W.2d 395 (1998). Initially, plaintiffs, a married couple, were individually named and represented their respective interests.

  7. Univ. Neurosurgical Assocs., PC v. Mich. Assigned Claims Plan

    No. 366131 (Mich. Ct. App. Mar. 14, 2024)

    The abbreviation PPI is generally used for property protection insurance benefits. See McKelvie v. Auto Club Ins Ass'n, 459 Mich. 42, 44 n 1; 586 N.W.2d 395 (1998). More specifically, plaintiff alleged that, as a health care provider, it was entitled to pursue a direct cause of action against an insurer and recover overdue benefits for products, services, or accommodations to an injured person such as Thorne, citing MCL 500.3112.

  8. Hetzel v. Progressive Marathon Ins. Co.

    No. 365474 (Mich. Ct. App. Feb. 29, 2024)

    But as our Supreme Court has explained, "[p]ersonal protection insurance benefits are abbreviated PIP by convention, with the abbreviation PPI being used for property protection insurance benefits." McKelvie v. Auto Club Ins Ass'n, 459 Mich. 42, 44 n 1; 586 N.W.2d 395 (1998). PIP benefits are also known as "first-party" benefits.

  9. King v. Mich. Auto. Ins. Placement Facility

    No. 359064 (Mich. Ct. App. Jan. 19, 2023)

    The term "first-party benefits" is common parlance for "personal protection insurance benefits" under MCL 500.3105(1). McKelvie v Auto Club Ins Ass'n, 459 Mich. 42, 44 n 1; 586 N.W.2d 395 (1998). Oddly, "personal protection insurance benefits" are also informally called "PIP benefits" even though that acronym does not fit quite right.

  10. Meemic Ins. Co. v. Christian Care Ministry, Inc.

    342 Mich. App. 8 (Mich. Ct. App. 2022)   Cited 1 times

    But the acronym is used "by convention" to avoid confusion with property protection insurance benefits, which are called PPI benefits. McKelvie v. Auto Club Ins. Ass'n , 459 Mich. 42, 44 n. 1, 586 N.W.2d 395 (1998). PIP benefits are also known as "first party" benefits.