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Court Grants Dispositive Motion for Material Misrepresentations in Policy Renewal

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 $142,000 in PIP benefits from Progressive. The Court granted a dispositive motion in Progressive’s favor, finding that Plaintiff committed material misrepresentations in the renewal of the underlying policy. More specifically, the Court agreed with Progressive’s position that Plaintiff actively misrepresented the identity of the named insured in an effort to modify the policy prior to the accident occurring. The modifications, made through misrepresentations, had the effect of extending the policy when it otherwise would have expired prior to the date of loss. The Court agreed Plaintiff made material misrepresentations, and therefore that the policy was voided.

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