Plaintiff filed suit for PIP benefits and UM coverage, including wage loss, replacement service, attendant care and medical bills. State Farm had terminated benefits after surveillance revealed that the Plaintiff was driving, ambulating without a cane and only wearing a cervical collar when she attended doctor appointments. IME’s were performed which also indicated that Plaintiff was fabricating symptoms.
At trial, Plaintiff sought nearly $200,000 in PIP benefits (plus a planned spine surgery to occur later). She sought the full limits of her UM policy, $100,000. The jury returned a verdict of No Cause of Action in favor of State Farm. At a post-trial motion, the trial judge found that the claim was fraudulent awarding attorney’s fees under MCL 500.3148(2) in favor of State Farm.