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LANSING, Mich. -​Attorney Tom TerMaat recently won a Court of Appeals no-fault case involving a farm, its employee, and its insurer. Michigan Lawyers Weekly interviewed Tom in its March 22 edition for his perspective on the case.
The article is titled "Economic Reality Test Brings Clarity to No-Fault Cases." The no-fault case Tom discusses in the article pertains to a dispute between two insurers regarding the payment of an injured person's no-fault benefits. The man in the case worked on a farm and was injured while driving a truck owned by the farm. The other insurer, the farm, and the injured man all argued that the man was an independent contractor, not an employee, and that his own insurer should pay his benefits.
Tom argued that, based on the factors found in the "economic reality test," he was actually an employee of the farm, despite the fact he and the farm considered him an independent contractor. Because he was an employee injured in his employer's vehicle, the employer's insurance company is the highest priority for the payment of his no-fault benefits.
To read his article and learn more about this case, check out the e-edition of MLW.
Learn more about Tom here.