We were retained to assist Allstate with the defense of this matter. Initially, Allstate had been represented by other counsel; we took over following case evaluation. This case involved a coverage dispute and claim for alleged PIP benefits. Allstate took the position that the Plaintiff engaged in misrepresentation when she obtained the policy of insurance with Allstate. The insured claimed that she was no longer married (her husband had too many points to qualify for coverage with Allstate). In reality, she was married and her husband was the primary driver of the vehicle. Plaintiff took the position that she never represented to Allstate that she was no longer married, and this was some “clerical error”. When the claim was presented to Allstate, Allstate rescinded the policy.
As the case had already proceeded through the case evaluation process, we were not allowed to conduct additional discovery to learn about the coverage issues and claims. The matter proceeded to trial in Livingston County, lasting 4 days. The jury was presented with evidence, including the application containing the signature of the Plaintiff. As the case was also for PIP benefits, in the event the jury found coverage was proper, we also presented significant medical evidence to the jury that the Plaintiff was not injured and her wage loss claim was fraudulent.