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Year: 
2019
Jurisdiction: 
Hamtramck/Southfield/Royal Oak District Courts
Notes: 
Three related provider claims dismissed where plaintiffs could not present valid assignments
Summary: 
In a series of related provider suits, Allison Lazette-Magnan, Jeffrey Murray, and Magdich Law were able to get each lawsuit dismissed on summary disposition. In each matter a provider filed a claim for first-party PIP benefits pursuant to an alleged assignment by our client’s insured. The first suit failed where the assignee had not signed the assignment, a requirement under Michigan statute. Plaintiff attempted to cure this defect by offering a “corrected” assignment, but Magdich Law attorneys successfully argued that the “corrected” assignment was inadmissible and only proved that Plaintiff never had standing to begin with. The Court agreed and dismissed the claim. In the second suit, the original complaint was brought on behalf of the wrong provider. The named provider did not perform any services to the insured whatsoever. Even after the Court allowed an amended complaint to be filed, Magdich Law attorneys successfully argued that the newly named Plaintiff’s claims were barred by the statute of limitations. Finally, in the third case the providers’ claims were dismissed as they were not identified by name within the language of the assignment. The Court agreed that absent a clear transfer of the insured’s rights, there was no valid assignment. In each of these related cases, through careful evaluation of the pleadings, the applicable law, and the Court Rules, our attorneys were able to secure dismissal for our client.