With assistance from Kristi Gauthier, Ed Hammond, Peter Domas and Bishop Bartoni, Kevin Hendrick and Nicole Tersigni successfully defended an insurance priority dispute, resulting in an extremely favorable judgment for firm client, United States Steel Corporation’s ERISA-governed Retiree Benefits Plan. U. S. Steel Retirement Plan was joined as a third-party defendant in a pending dispute by a No-Fault Automobile Insurance carrier, which had been sued by a healthcare service provider for unpaid patient attendant care fees. The No-Fault Carrier claimed that the obligation to pay for these services under Michigan No-Fault law fell to U. S. Steel Retirement Plan, which covered the patient (who was a former U. S. Steel employee). Ed, Bishop, Kristi and Peter lent their expertise to Kevin and Nicole in interpreting alleged conflicting insurance priority provisions and explanations of benefits. Kevin and Nicole crafted a legal argument that ultimately led to summary disposition in favor of U.S. Steel Plan, and against the No-Fault carrier, saving U.S. Steel Plan from payment of the healthcare fees, and also reimbursing U.S. Steel Plan for benefits it had earlier paid by mistake, out of priority. As the No-Fault carrier had rejected the Case Evaluation award prior to the filing of cross motions for summary disposition, it also appears that attorney fees are recoverable for our client. Kristi and Ed on Employee Benefit law, Bishop on Michigan No-Fault law, and Pete on Health Care issues, proved to be unbeatable resources.
Kevin S. HendrickKevin Hendrick Clark Hill
Kevin S. Hendrick
Kevin S. Hendrick specializes in construction law and commercial litigation and heads the firm’s Construction group. He has counseled construction clients in the drafting and negotiation of construction contracts, and the bid process. In representing owners, developers and contractors, he has reviewed proposed contract and subcontract agreements, and he has drafted construction contracts for use in Michigan. Much of Kevin's experience in construction law arises out of his representation of contractors, owners, sureties and others in attempting to resolve disputes through litigation, arbitration or other dispute resolution mechanisms. The claims handled by Kevin in arbitration, mediation and civil litigation, have run the gamut of construction issues, from simple claims by unpaid claimants to complex claims for damages for delay; defects in performance; breach of warranty or poor workmanship; claims concerning the quality and performance of the work; and claims concerning the suitability of plans and specifications to achieve the desired result. Kevin has extensive experience and expertise in all manner of commercial litigation and business and insurance claims and disputes.
Kevin serves as an arbitrator on the Commercial/Construction Arbitration Panel of the American Arbitration Association, and also as an AAA mediator in construction and commercial disputes. Kevin has been selected for inclusion in "Best Lawyers in America" in the fields of Alternative Dispute Resolution and Construction.