Showing posts with label Michigans. Show all posts
Showing posts with label Michigans. Show all posts

History Preserved in Beautifully-Written First Book of Series on Upper Michigan's Whitefish Township Saturday, October 23, 2010

Jan Huttenstine has captured the history of Whitefish Point, its Native American residents, early fishermen and lighthouse keepers, cranberry farmers and its maritime history in a way stylistically reminiscent of the great history books written in the mid-twentieth century with a lyrical and poetic prose matched by few historians today. Whether readers are residents of Whitefish Township or have never visited it, they will find themselves wholly engrossed in its history, written as if the author knew intimately ever person mentioned, and they will come to feel as if they have also walked the beaches, worked on the fishing boats, and harvested the cranberry crops of this area rich in history.

In the film "Camelot," King Arthur states, "Sometimes the only vacation spot is the past." What a vacation it is to read this history of Whitefish Township. It is a trip into the past, a time when life was harder, yet simpler, and a harsh climate and remote location built sustaining relationships. I cannot imagine any author could have more completely re-imagined this world and brought history to life for the present reader so perfectly. I find the stories in "Remotely Yours" comforting, awe-inspiring, and satisfying as I became engrossed in the simple lives of hardworking people and then the dedication by later generations to preserve that way of life and its history.

Huttenstine was fortunate in the wonderful sources she found. Little history of Whitefish Township has been written, and Huttenstine had a large task before her to discover information and piece it together-much of that information, such as a cabin logbook, was nearly lost, and much of it only preserved on aged paper in research libraries and in oral interviews that she magnificently assembled to complete a thorough picture of days gone by. Huttenstine ended up actually finding so much unexpected material she decided she would have to write three books. If this first volume of "Remotely Yours" is any indication of what is to come, readers will be eagerly demanding, "When is the next book coming out?" as soon as they finish reading the first.

The story begins where it should-at the beginning with the history of the Native Americans in the area. A great deal of information is provided about the coming of the white man, the natives ceding their land rights through treaties to the U.S. Government, the failure of the United States to live up to its side of the treaties, and the recent triumph of the Bay Mills Indian Community to win back those treaty rights.

The early history of Whitefish Township is told largely through letters and oral histories of residents who knew the early settlers-mainly their children, grandchildren, or nephews. The history of the lighthouses, cranberry farms and first fisheries are all explored, and most memorably, these early settlers are brought to life. Anna Powell is one such settler whom the reader is unlikely to forget as she traveled in the 1870s more than fifty miles by foot to Whitefish Point in winter to visit her two daughters when she was well into her fifties. Other memorable stories take place as recently as the drastic storm that destroyed the "Edmund Fitzgerald" in 1975, and of fishermen trapped on Lake Superior during that storm-just one of many dramatic rescues detailed in the book.

Nature is almost a character in these pages. Huttenstine writes with a clear love for her subject, the beauty, the peace, the wild storms and breaking waves of Lake Superior, the isolation, the blizzards-all combine to make a clear picture of life day-to-day and season-to-season in Whitefish Township. The importance of the area's natural beauty, climate, and geography are clearly outlined from the early nineteenth century to the present day when the Tahquamenon Falls and the Great Lakes Shipwreck Museum invite visitors to experience the Whitefish Point area for themselves.

In the book's preface, Huttenstine informs us that the second volume of "Remotely Yours" will focus on the Tahquamenon Falls area and the sawmill town of Emerson, which was situated on Lake Superior just south of the Tahquamenon River. The history of Paradise and, to its north, the unique milltown of Shelldrake at the mouth of the Shelldrake River will be subjects of the third book.

Readers impatient for the future volumes perhaps will content themselves in the meantime with visiting Whitefish Point if they do not live there, and if they are already residents, they will now appreciate its intricate, rich, and inspiring history all the more. Huttenstine has recreated the past and brought it into the future so it will be enjoyed and hopefully never forgotten. "Remotely Yours" is a delightful historical reading excursion like few others.




Tyler R. Tichelaar holds a Bachelor's and Master's Degree from Northern Michigan University and a Ph.D. from Western Michigan University. His family's long relationship with Upper Michigan and his avid interest in genealogy inspired Dr. Tichelaar to write his Marquette Trilogy: Iron Pioneers, The Queen City, and Superior Heritage. Dr. Tichelaar is also a professional book reviewer and editor. For more information about Tyler R. Tichelaar, his writing, and his author services, visit:
www.MarquetteFiction.com

Understanding Michigan Auto Accident Claims and The Basics of Michigan's No-Fault Laws Sunday, September 12, 2010


Image : http://www.flickr.com


The laws that govern Michigan automobile accidents are long and complex. Often, the terms used by car accident insurance agents and lawyers are confusing. Two important terms you should know:


  1. First-Party Benefits

  2. Third-Party Benefits

Michigan is a No-Fault State. This means that your own Michigan car accident insurance company pays most of the economic losses you suffer in an automobile accident, regardless of who was at fault. These economic benefits are called First-Party Benefits.

Third-Party Benefits usually cover non-economic losses, including damages for pain and suffering. Both of these types of benefits are described in detail below.

Michigan First-Party Basics

The Michigan law defining First-Party Benefits states: First-party benefits are payable to anyone who suffers an injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle.

The following analysis looks at:


  • Who has to pay your Michigan No-Fault Benefits?

  • What are the specific benefits you may be entitled to receive after a Michigan auto accident?

Michigan First-Party Order of Priority

Although your own insurance is first in line to pay in a Michigan automobile accident, there are times when an uninsured individual is an innocent passenger in a motor vehicle. In these circumstances, determining who is responsible to pay Michigan No-Fault Benefits can be complex.

Driver or Passenger Order of Priority


  • 1st priority is your own insurance policy, if none then...

  • 2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then...

  • 3rd priority is to the insurer of the owner of the vehicle occupied, if none then...

  • 4th priority is to the insurer of the driver of the vehicle occupied, if none then...

  • 5th priority is to the State of Michigan Assigned Claims Facility.

Pedestrian Order of Priority


  • 1st priority is to your own insurance, if none then...

  • 2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then...

  • 3rd priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...

  • 4th priority is to the insurer of the driver of the motor vehicle involved in the accident, if none then...

  • 5th priority is to the State of Michigan Assigned Claims Facility.

Motorcycle Order of Priority

A different order for receiving benefits exists if you were on a motorcycle when the accident happened, because motorcycles are not considered "motor vehicles" under Michigan law. In a motorcycle/auto collision, the priority would be as follows:


  • 1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...

  • 2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then...

  • 3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then...

  • 4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then...

  • 5th priority is to the State of Michigan Assigned Claims Facility.

The Michigan Assigned Claims Facility

The Michigan Assigned Claims Facility is a State Agency with the power to assign an auto accident insurance company to provide benefits, if an injured victim cannot obtain benefits from other sources. Remember that uninsured drivers, operating vehicle they own, do not qualify for Michigan Assigned Claim Facility assistance. To apply for Assigned Claims Benefits, call the Michigan Assigned Claim Facility directly at 517-322-1875.

Specific Michigan First-Party Benefits

The First-Party No-Fault Benefits that you claim from your own insurance company include:

Medical Bills for Life

Michigan motor vehicle accident law requires that medical coverage continue for life, or for as long as you need treatment for injuries suffered in the accident.

There are many complicated factors to getting your medical bills paid, if you are in a Michigan motor vehicle accident. We recommend that you contact our office about your rights.

To qualify for medical expense reimbursement, a bill must be reasonable (in cost and necessity) and the bill must be actually incurred. Michigan law does not provide for guaranteed pre-payment of bills due to a motor vehicle accident. Sometimes, an auto accident insurance company will try to escape its responsibility, by questioning the need to a medical test or procedure, which your physician ordered, or by disputing the amount of the medical bill.

Insurance companies in Michigan provide two types of medical coverage in the event of an automobile accident:


  1. Uncoordinated benefits

  2. Coordinated benefits

Your insurance policy states which type of benefits you should receive. An uncoordinated policy pays benefits, regardless of the presence of other health insurance. A coordinated policy requires your other health insurance to pay first, and your automobile insurance to pay amounts that your primary insurer does not cover.

It is common for a primary health insurance policy and a motor vehicle insurance policy to contain contradictory language about which one has the first obligation to pay medical bills. Meanwhile, the motor vehicle insurance company may escape its obligation to pay a bill, if it did not receive it within one year of the date that you got the medical treatment.

Wage Loss

Michigan No-Fault Law allows an injured individual to receive 85% of his or her lost wages, if a doctor found the victim disabled from work due to injuries suffered in a car accident. This benefit cannot exceed a period of 3 years. The wage loss benefit is set at 85%, rather than 100%, of lost earnings because the benefit is tax-free. The law also sets a monthly cap on the amount of lost wages that the insurance company must reimburse.

Attendant Care

Michigan auto accident law requires the no-fault insurance company to pay for attendant care (also known as nursing services) for an injured victim who needs supervision or assistance while recovering at home. Sometimes, a physician determines that a person with severe injury needs around-the-clock supervision. A caregiver who is a member of the victim's family is entitled to attendant care reimbursement. Although the law does not set a specific hourly rate for the caregiver, the reimbursement should reflect the type and complexity of the services that the injured person receives. Frequently, insurance companies unreasonably and unlawfully refuse to pay for adequate attendant care.

Replacement Services

This term refers to reimbursement for services that you would have performed on your own, if you were not injured in an accident. If you paid or promised to pay for household services, chores, errands, etc., which you usually accomplished on your own, then you may be entitled to reimbursement for these expenses. A physician needs to provide a written statement that you are unable to do these tasks on your own. In addition, your insurance company may require documentation of who performed which services. Michigan law states that an auto accident insurance company is obligated to reimburse up to $20 per day for replacement services and that these benefits last for up to three years.

Mileage Reimbursement

Often, proper medical treatment, tests, and physical therapy require an injured person to travel long distances. Michigan No-Fault Law provides for the reimbursement for mileage traveled to and from this medical care.

Third-Party Auto No-Fault Law Basics

Under Michigan auto law, while First-Party Benefits cover most economic losses, Third-Party Benefits provide damages for pain and suffering, scarring or disfigurement, death, and wage loss in excess of 3 years. In Michigan, a Third-Party legal claim is filed against the at-fault driver in the motor vehicle accident. With the exception of excess wage loss, the damages sought in a Third-Party case are non-economic in nature. To prevail in a claim against a careless driver for non-economic damages in Michigan, the injured auto accident victim must show that he or she suffered a "threshold injury." Michigan law defines this as:


  • A serious impairment of an important body function, serious disfigurement or scarring, or death.

It is very common for insurance company adjusters to assert that an injury is not a "serious impairment of a body function." However, if you have an objectively documented injury to an important part of your body, and this affects your life, then you should talk with an experienced Michigan auto accident lawyer dedicated to helping Michigan auto injury victims.




Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

The Law Offices of Samuel I. Bernstein, our Michigan auto accident and personal injury law firm, has championed the cause of seriously injured Michigan auto accident victims for three generations.

Understanding Michigan Auto Accident Claims and The Basics of Michigan's No-Fault Laws Tuesday, August 10, 2010

The laws that govern Michigan automobile accidents are long and complex. Often, the terms used by car accident insurance agents and lawyers are confusing. Two important terms you should know:


  1. First-Party Benefits

  2. Third-Party Benefits

Michigan is a No-Fault State. This means that your own Michigan car accident insurance company pays most of the economic losses you suffer in an automobile accident, regardless of who was at fault. These economic benefits are called First-Party Benefits.

Third-Party Benefits usually cover non-economic losses, including damages for pain and suffering. Both of these types of benefits are described in detail below.

Michigan First-Party Basics

The Michigan law defining First-Party Benefits states: First-party benefits are payable to anyone who suffers an injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle.

The following analysis looks at:


  • Who has to pay your Michigan No-Fault Benefits?

  • What are the specific benefits you may be entitled to receive after a Michigan auto accident?

Michigan First-Party Order of Priority

Although your own insurance is first in line to pay in a Michigan automobile accident, there are times when an uninsured individual is an innocent passenger in a motor vehicle. In these circumstances, determining who is responsible to pay Michigan No-Fault Benefits can be complex.

Driver or Passenger Order of Priority


  • 1st priority is your own insurance policy, if none then...

  • 2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then...

  • 3rd priority is to the insurer of the owner of the vehicle occupied, if none then...

  • 4th priority is to the insurer of the driver of the vehicle occupied, if none then...

  • 5th priority is to the State of Michigan Assigned Claims Facility.

Pedestrian Order of Priority


  • 1st priority is to your own insurance, if none then...

  • 2nd priority is to the insurance company of a resident relative (i.e. spouse, parent, or sibling), if none then...

  • 3rd priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...

  • 4th priority is to the insurer of the driver of the motor vehicle involved in the accident, if none then...

  • 5th priority is to the State of Michigan Assigned Claims Facility.

Motorcycle Order of Priority

A different order for receiving benefits exists if you were on a motorcycle when the accident happened, because motorcycles are not considered "motor vehicles" under Michigan law. In a motorcycle/auto collision, the priority would be as follows:


  • 1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...

  • 2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then...

  • 3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then...

  • 4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then...

  • 5th priority is to the State of Michigan Assigned Claims Facility.

The Michigan Assigned Claims Facility

The Michigan Assigned Claims Facility is a State Agency with the power to assign an auto accident insurance company to provide benefits, if an injured victim cannot obtain benefits from other sources. Remember that uninsured drivers, operating vehicle they own, do not qualify for Michigan Assigned Claim Facility assistance. To apply for Assigned Claims Benefits, call the Michigan Assigned Claim Facility directly at 517-322-1875.

Specific Michigan First-Party Benefits

The First-Party No-Fault Benefits that you claim from your own insurance company include:

Medical Bills for Life

Michigan motor vehicle accident law requires that medical coverage continue for life, or for as long as you need treatment for injuries suffered in the accident.

There are many complicated factors to getting your medical bills paid, if you are in a Michigan motor vehicle accident. We recommend that you contact our office about your rights.

To qualify for medical expense reimbursement, a bill must be reasonable (in cost and necessity) and the bill must be actually incurred. Michigan law does not provide for guaranteed pre-payment of bills due to a motor vehicle accident. Sometimes, an auto accident insurance company will try to escape its responsibility, by questioning the need to a medical test or procedure, which your physician ordered, or by disputing the amount of the medical bill.

Insurance companies in Michigan provide two types of medical coverage in the event of an automobile accident:


  1. Uncoordinated benefits

  2. Coordinated benefits

Your insurance policy states which type of benefits you should receive. An uncoordinated policy pays benefits, regardless of the presence of other health insurance. A coordinated policy requires your other health insurance to pay first, and your automobile insurance to pay amounts that your primary insurer does not cover.

It is common for a primary health insurance policy and a motor vehicle insurance policy to contain contradictory language about which one has the first obligation to pay medical bills. Meanwhile, the motor vehicle insurance company may escape its obligation to pay a bill, if it did not receive it within one year of the date that you got the medical treatment.

Wage Loss

Michigan No-Fault Law allows an injured individual to receive 85% of his or her lost wages, if a doctor found the victim disabled from work due to injuries suffered in a car accident. This benefit cannot exceed a period of 3 years. The wage loss benefit is set at 85%, rather than 100%, of lost earnings because the benefit is tax-free. The law also sets a monthly cap on the amount of lost wages that the insurance company must reimburse.

Attendant Care

Michigan auto accident law requires the no-fault insurance company to pay for attendant care (also known as nursing services) for an injured victim who needs supervision or assistance while recovering at home. Sometimes, a physician determines that a person with severe injury needs around-the-clock supervision. A caregiver who is a member of the victim's family is entitled to attendant care reimbursement. Although the law does not set a specific hourly rate for the caregiver, the reimbursement should reflect the type and complexity of the services that the injured person receives. Frequently, insurance companies unreasonably and unlawfully refuse to pay for adequate attendant care.

Replacement Services

This term refers to reimbursement for services that you would have performed on your own, if you were not injured in an accident. If you paid or promised to pay for household services, chores, errands, etc., which you usually accomplished on your own, then you may be entitled to reimbursement for these expenses. A physician needs to provide a written statement that you are unable to do these tasks on your own. In addition, your insurance company may require documentation of who performed which services. Michigan law states that an auto accident insurance company is obligated to reimburse up to $20 per day for replacement services and that these benefits last for up to three years.

Mileage Reimbursement

Often, proper medical treatment, tests, and physical therapy require an injured person to travel long distances. Michigan No-Fault Law provides for the reimbursement for mileage traveled to and from this medical care.

Third-Party Auto No-Fault Law Basics

Under Michigan auto law, while First-Party Benefits cover most economic losses, Third-Party Benefits provide damages for pain and suffering, scarring or disfigurement, death, and wage loss in excess of 3 years. In Michigan, a Third-Party legal claim is filed against the at-fault driver in the motor vehicle accident. With the exception of excess wage loss, the damages sought in a Third-Party case are non-economic in nature. To prevail in a claim against a careless driver for non-economic damages in Michigan, the injured auto accident victim must show that he or she suffered a "threshold injury." Michigan law defines this as:


  • A serious impairment of an important body function, serious disfigurement or scarring, or death.

It is very common for insurance company adjusters to assert that an injury is not a "serious impairment of a body function." However, if you have an objectively documented injury to an important part of your body, and this affects your life, then you should talk with an experienced Michigan auto accident lawyer dedicated to helping Michigan auto injury victims.




Attorney Marya Sieminski joined the Law Offices of Sam Bernstein in 2003. She is admitted to practice law in Michigan state courts and in the U.S. District Court for the Eastern District of Michigan. She earned her Bachelor of Science degree at the Massachusetts Institute of Technology and graduated magna cum laude from Wayne State University Law School. Marya has worked as a trial lawyer for 10 years and exclusively represented victims in personal injury litigation and in workers compensation claims. She also was appointed by the Governor to serve on the State of Michigan Workers Compensation Qualifications Advisory Committee.

The Law Offices of Samuel I. Bernstein, our Michigan auto accident and personal injury law firm, has championed the cause of seriously injured Michigan auto accident victims for three generations.

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