Serafini, Michalowski, Derkacz & Associates, P.C.

09/18/2025

Not every day you get to wake up to your photo on the front page of the news!

Phil Serafini was asked to testify in front of the Senate Committee on Insurance yesterday as part of a panel of speakers addressing improper and unethical practices by CURE Insurance and other auto insurance companies.

Today, the Detroit News published a front page story detailing this and Mr. Serafini’s testimony. This was the latest chapter in a series of stories the News has published detailing CURE’s efforts to avoid paying legitimate claims and SMDA’s fight against them.

A recording of the Senate hearing and Mr. Serafini’s testimony is available here:
https://cloud.castus.tv/vod/misenate/video/68caf6fb0dba730002c7591c?page=ALL

The most recent Detroit News article and the prior articles are available through the links below:

https://www.detroitnews.com/story/news/politics/2025/09/17/cure-auto-insurance-customers-seek-bad-faith-law-to-counter-tactics/86168380007/

https://www.detroitnews.com/story/business/2025/09/13/cure-auto-insurance-pay-troy-man-suv-cancellation-rescission-vehicle-auctioned-michigan/85991799007/

https://www.detroitnews.com/videos/media/video/2025/08/13/cure-auto-insurance-customer-grand-cherokee-trackhawk-sold-at-auction/78332202007/

https://www.detroitnews.com/story/business/2025/08/13/auto-insurer-cure-fraud-michigan/77716049007/

06/17/2024

🚨🎉 SETTLEMENT ALERT! 🚨🎉

Although the details are confidential, SMDA has finally received permission to share another great result for one of our clients earlier this year.

Over the past year, Phillip Serafini has been quietly representing a catastrophically injured client in her fight for 1st Party Auto Insurance benefits.

The client was originally from out of state, but was effectively stranded in Michigan alone after a car accident sadly left her without the use of her limbs. Her dream was to be able to return home to her family.

At the time Mr. Serafini took over this case, negotiations had broken down. However, Mr. Serafini was able to bring the insurance company back to the bargaining table, and his efforts over the past year culminated in a multi-million dollar settlement for the client.

This was truly life changing for the client as it allowed her to finally return home to her family while still receiving the care she needs and deserves. The client recently sent Mr. Serafini a picture of herself enjoying the weather at her new home after finally settling in with her family. It is safe to say she is ecstatic with the result.

Congratulations to Mr. Serafini and especially the client! After everything was wrapped up, Mr. Serafini took a much deserved vacation to some better weather himself!

Visit smdalaw.com to learn more about our firm or call us at 586-264-3756!

Serafini, Michalowski, and Derkacz & Associates, P.C. is a full-service law firm experienced in assisting clients in a broad variety of civil matters.

06/11/2024

Thank you to a Macomb County Jury for giving value to our client with a verdict today of $6,323,273 against Medstar Inc who ran a red light and crashed into our client who was a 66 year old woman running to the store for her husband. Defendant refused to take responsibility and pulled every trick in the book.

Shout out to phil Serafini and Pat dercatz for trusting me to help with the case.

06/08/2024

I would like to thank and congratulate all of these champions of Justice and especially my partner Darren Legato who have just been appointed to the board for the Michigan Association of Justice.

The Michigan Association of Justice (MAJ) is a professional organization for attorneys and lawyers in Michigan who focus on representing plaintiffs in civil justice cases. The organization's mission is to promote justice and fairness for all, particularly for those who have been injured or mistreated.

The organization advocates for policies and laws that protect the rights of consumers, workers, and patients.

The citizens across our great state are lucky to have you on the board of an organization that is dedicated to protecting their rights. This is a well-deserved honor. 

Join us in welcoming the newest MAJ Board Members! These attorneys carry significant influence in their respective practice areas, and we’re thrilled to have them join our organization’s prestigious Executive Board.

08/26/2022

SMDA, PC is proud to announce that one of our founding partners, Phillip Serafini, has once again been selected as a Super Lawyer for Plaintiff’s Personal Injury Attorneys for 2022.

Super Lawyers is a rating service of outstanding lawyers who have attained a high-degree of peer recognition and professional achievement. Their patented attorney selection process is peer influenced and research driven, selecting the top 5% of attorneys to the Super Lawyers list each year. This is the third time that Mr. Serafini has received this award in addition to being named as one of Metro Detroits top attorneys by Crains Detroit Business.

We feel that these awards reflect the continuing commitment by Phil Serafini as well as the entire staff at SMDA to providing the same quality compassionate representation we have provided to all of our clients over the past 16 years since we opened our doors in 2006. Please feel free to call us for a free consultation regarding your legal questions or concerns.

08/26/2022

SMDA is happy to report that survivors of catastrophic crashes and their loved ones, including a number of my clients at Serafini, Michialowski, Derkacz & Associates, PC, won a major victory in the Michigan Court of Appeals today. The Court issued its long awaited decision in Andary v USAA and held that benefit reductions passed as part of 2019 auto insurance reforms could not be applied retroactively. The decision, which Represents a Major Victory for Survivors of Catastrophic Crashes and their Families, has binding effect on retroactive application of benefit reductions
The Court ruled 2-1 in favor of the plaintiffs in the case of Andary et al. v USAA Casualty Insurance Company et al. The lawsuit was filed in 2019 by guardians of two catastrophically injured auto accident victims — along with the nationally renowned brain injury rehabilitation clinic Eisenhower Center — and names Citizens Insurance Company of America and USAA Casualty Insurance Company as the defendants. The victims, on whose behalf the lawsuit was filed, are Ellen Andary, of East Lansing, and Philip Krueger, of Ann Arbor.
The decision will enable thousands of severely injured accident victims to continue receiving medical expense and home care reimbursement at the benefit levels that were legally enforceable under insurance policies that those victims bought and paid for for years before the new law went into effect. The decision will prevent insurance companies from reaping windfall profits by retaining premiums they collected to pay benefits they would no longer be required to provide if the Court had allowed the Insurance Companies to retroactively apply the new law to these claims some of which stem from catastrophic collections that occurred more than thirty years ago.
Most significantly, the ruling determined that:
The legislation did not contain specific and sufficient language confirming that the legislature intended to apply these changes retroactively.
Even if the legislation contained sufficient provisions intending to apply benefit reductions retroactively, such an application would have been an unconstitutional violation of the Contracts Clause of the Michigan Constitution.
The trial court improperly dismissed the plaintiffs’ constitutional equal protection and due process challenges, which alleged that such benefit reductions would violate these constitutional provisions if applied to future accident victims, for the reason that such allegations required factual development in the trial court.
Under the Michigan Court Rules, this published opinion has immediate, binding, precedential effect unless it is overturned by the state Supreme Court. Lead counsel for the Plaintiff, George Sinas is to be commended for his work on this case. It is a lifeline for the most vulnerable citizens of our state.

05/03/2021

After all the craziness of the past year, I would like to thank all of our clients, referring attorneys and health care providers for sticking with us throughout the past year. We have been fortunate to be able to remain open to take care of our clients' needs for estate planning, elder law and probate matters. long term disability claims, family law matters and of course personal injury and automobile claims. Thank you for allowing us to continue to serve you and guide you through this pandemic. Fortunately we have been able to be here to help over this past year and we look forward to continuing to be here for you for many years to come.

SMDA, P.C.

09/10/2018

Medicaid eligibility must be considered years before benefits are necessary. Learn how families can plan for long-term care.

It is never too early to plan for the future.

06/08/2018

Dogs can be a big part of outdoor activities, but a sudden attack is hard to predict.

Don't brush off a hard bite, even if it was playful.