The Court granted summary disposition for Progressive on this first party claim for No Fault benefits finding that Plaintiff or someone on his behalf failed
Neil E. Hansen
Neil E. Hansen is a graduate of Michigan State University College of Law, and has been licensed as an attorney in the State of Michigan since 2008. Mr. Hansen joined Magdich Law in August 2011, with a primary focus on defending both 1st and 3rd party automobile insurance lawsuits. In addition to his focus on automobile insurance claims, Mr. Hansen practices several other areas of insurance defense, including the handling of premises liability and general negligence claims.
- Brown v. Auto Owners: Prevailed as 1st chair in a summary jury trial relating to the issue of if the driver of the at-fault vehicle in a third party automobile negligence case had permission to use the vehicle from the owner. The jury found the owner did consent to the driver’s use of the vehicle. As a result, the at-fault driver was covered by an applicable insurance policy and the Plaintiff’s uninsured motorist claims were dismissed as a matter of law. The ruling resulted in Auto Owners being absolved of $100,000 in potential uninsured motorist damages.
- Emery v. State Farm: In a declaratory relief lawsuit, the Court granted summary disposition in favor of our client, State Farm. The Lenawee County Circuit Court ruled that, as a matter of law, the at-fault driver was entitled to primary liability insurance from the owner of a rental car the insured was driving. The trial court also ruled that the rental car company, which was self-insured, had liability insurance limits up to the full value of its assets. The practical effect of the ruling was to render State Farm’s personal automobile insurance inapplicable to the loss, given the size of coverage afforded by the rental company. The decision likely saved State Farm up to $300,000, given the involvement of multiple claimants with serious injuries.
- Taboko as Next Friend of Foto v. Miklosovic: In a 3rd party tort lawsuit, the Washtenaw County Circuit Court granted summary disposition in favor of State Farm insured Helen Miklosovic. The Court found that the Plaintiff, Nick Foto, did not sustain a “threshold injury” as the undisputed facts established he did not have any objectively manifested impairment or any change in his general ability to lead his normal life. The ruling saved potentially up to $100,000 in insurable tort damages.
- Scherwin Davis v. Progressive: In a first party PIP lawsuit, we successfully argued that the majority of a chiropractic bill exceeding $50,000 was comprised of services not lawfully rendered. The Wayne County Court found most of the modalities billed were outside the scope of chiropractic care, and thus not lawfully rendered under the No-Fault Act.
- Ariana Demson v. Progressive: In a 1st party lawsuit for a seriously injured claimant, we successfully argued that the claimant was statutorily barred from recovery from PIP benefits under MCL 500.3113 due to unlawfully taking the vehicle involved in the accident. The Genesee County Circuit Court agreed with Progressive’s position that the evidence established Plaintiff was clearly using the vehicle without authority, and that she knew she was doing so based in the applicable deposition testimony. The motion resulted in over $2.5 million dollars of claims being dismissed.
- Eric Scannell v. Progressive: In a 1st party PIP lawsuit, the Wayne County Circuit Court granted our dispositive motion arguing that: (a) Plaintiff was the owner and operator of an uninsured motor vehicle; and (b) Plaintiff committed fraud in obtaining his insurance from Progressive. The Court rejected Plaintiff’s argument that the vehicle involved in the accident was covered as a “replacement auto” under the applicable insurance policy, and concluded the vehicle was uninsured. The motion resulted in over $2 million in claims being summarily dismissed.
- Dwane West v. Progressive: In a 1st party PIP lawsuit, the Berrien County Circuit Court granted summary disposition in Progressive’s favor on a catastrophic claim. The Court agreed with Progressive that the Plaintiff had no reasonable expectation that he was using the vehicle with authority, and therefore that he was statutorily barred from receipt of PIP benefits. The ruling resulted in over $475,000 of PIP claims against Progressive being summarily dismissed.
- Hanley v. Muravytska: In a 3rd party tort lawsuit, the Oakland County Circuit Court granted summary disposition in favor of State Farm insured Maria Muravytska. The Court ruled as a matter of law that Plaintiff did not even demonstrate objective evidence of an injury, let alone one that would rise to the level of an objectively manifested impairment. The Court further ruled that there was also no evidence of Plaintiff sustaining any change in her general ability to lead her normal life. The ruling saved potentially up to $20,000 in insurable tort damages.
- Saad v. Ramouni: We prevailed arguing a summary disposition in a third party automobile negligence case. We argued that the undisputed facts established that whatever injuries Plaintiff may have sustained did not arise out of Defendant’s ownership, maintenance, or use of a motor vehicle. The Plaintiff was injured while exiting a motor vehicle to confront the Defendant following an argument. As such, to the extent Plaintiff may have had a valid claim against Defendant for damages, it could not proceed as an automobile negligence claim. The Court agreed, granting dispositive motion in Defendant’s favor. The ruling saved potentially up to $25,000 in insurable tort damages.
Michigan State University College of Law | East Lansing, Michigan
- Juris Doctorate received in 2008
- GPA: 3.05, inclusive of 4.0 grade: Michigan No-Fault Insurance Law course
- Recipient of Merit Scholarship for academic achievement
- Researched and authored a 23-page dissertation for Senior Associate Dean for Academic Affairs Cynthia Starnes entitled Rationing Alimony Awards Under the Rubric of Contract Law
- Completed advanced legal research course gaining detailed legal research skills through both electronic and print mediums
Michigan State University College of Law | East Lansing, Michigan
- Bachelor of Arts in Social Relations 2005
- GPA: 3.60
- Dean’s List 5 of 6 eligible semesters
2017 American Bar Association’s Joint Spring Meeting – May 17th-20th, 2017
Admissibility of Social Media. 2019 American Bar Association’s Insurance Coverage CLE Seminar
In this PIP and Uninsured Motorist case, the trial court upheld Progressive’s rescission of the claimant’s policy based on fraudulent misrepresentations made in procuring said
Neil E. Hansen recently prevailed on a summary disposition motion in this case for payment of PIP benefits. In the case, Plaintiff sought payment of over
Little Known Fact:
Mr. Hansen ran the Detroit Marathon in 2006.
Prior to joining Magdich Law, Mr. Hansen spent several years working for a full-service law firm, handling a wide variety of civil litigation, criminal defense, and domestic relations matters. Neil and his family reside in Chelsea. In his free time, he enjoys golfing, skiing, and running, as well as annual trips to Las Vegas.
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