KAITLYNN M. MILROY is an Associate Attorney with Vandeveer Garzia. She specializes in first and third party auto negligence, premises liability and general civil litigation. While in college at Michigan State University, Kaitlynn participated in studies in London, England and Edinburgh, Scotland relating to government and politics in the European Union. While in law school, she participated in externships in prosecution and juvenile probation. She also participated in a judicial clerkship with the Honorable Jeffrey Thode in Portage, Indiana. Throughout law school, Kaitlynn served as a student judge in a local teen court program. Upon her return to Michigan, she worked as a deputy civil clerk at the 43rd District Court in Ferndale, Michigan.
Michigan State University, James Madison College, B. A., Political Theory and Constitutional Democracy specializing in Western European Studies, 2014
Valparaiso University School of Law, J.D. 2012
State Bar of Michigan 2014
United States District Court, Eastern District of Michigan 2017
State Bar of Michigan
Vandeveer attorney wins case for client
Alliance Medical Billing v Progressive Michigan Insurance Company
Associate attorney Kaitlynn Milroy successfully obtained a summary disposition in Michigan’s 19th District Court. In representing a no-fault insurer, Kaitlynn filed and argued a Motion for Summary Disposition based on the argument that the Plaintiff medical provider was not entitled to recover additional No-Fault benefits from our client, Progressive Michigan Insurance Company, pursuant to the One-Year-Back Rule of MCL 500.3145(1) contained within the Michigan No-Fault Act. The Court agreed with her argument that Plaintiff’s filing of suit was untimely and granted her Motion for Summary Disposition, which ultimately dismissed all of Plaintiff provider’s claims with prejudice.
Progressive Michigan Insurance Company v. Hudson Insurance Company
Kaitlynn Milroy obtained a summary disposition in Washtenaw County Circuit Court in a declaratory judgment action that she filed on behalf of Progressive Michigan Insurance Company. Mr. Moore, a truck driver and Progressive’s insured, was involved in a motor vehicle accident within the course and scope of his employment. He sustained burns on a large portion of his body following the accident and his post-accident medical bills were in excess of $600,000.00. The declaratory judgment action was filed for the Court to determine: (1) Mr. Moore’s employment status at the time of the subject accident and (2) any and all potential benefits available to Mr. Moore, including both the order of priority for his PIP benefits and his potential for worker’s compensation benefits. The declaratory judgment action named Mr. Moore’s potential employers and their personal No-Fault insurers, along with Mr. Moore’s personal health insurer, as defendants in the suit. In addition, two of Mr. Moore’s treatment providers intervened in the action.
Kaitlynn Milroy prepared a Motion for Summary Disposition, which was argued before Washtenaw Circuit Court Judge Carol Kuhnke by Chris Hildebrandt. In this Motion, we argued on behalf of Progressive that Mr. Moore was an employee of B&W, the trucking carrier, at the time of the subject accident and, thus, B&W’s No-Fault insurer Hudson Insurance Company was highest in the order of priority for the payment of Mr. Moore’s PIP benefits. This argument was based primarily upon the great amount of control that B&W has over its truck drivers pursuant to the “economic reality” test put forth in Parham v Preferred Risk Mut. Ins. Co. Hudson also filed a competing Motion for Summary Disposition, arguing that Mr. Moore was an independent contractor, rather than an employee of B&W, and that Progressive was highest in the order of priority accordingly. Judge Kuhnke ultimately denied Hudson’s Motion and granted Progressive’s Motion and in doing so, ruled that Mr. Moore was an employee of, B&W. Therefore, Hudson was deemed highest in priority for the payment of all of Mr. Moore’s past, present and future PIP benefits.
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