Nicholas E. Girimont drafted and argued our Motion for Summary Disposition which sought dismissal based upon a valid recission of the policy as a result of plaintiff’s fraudulent procurement of the policy. Our MSD established that the Plaintiff failed to disclose all resident relatives 14 years of age or older at the time of application, and that these misrepresentations were material to the risk Progressive assumed in issuing the policy. As a result, Progressive rescinded the policy pursuant to its antifraud provision. Upon oral arguments, Judge Servitto ruled that Plaintiff failed to provide any documentary evidence to raise a genuine issue of material fact, and granted the recission which dismissed the case against Progressive.
Judge Upholds Possessive Recission Following Fraudulent Procurement of Policy
Share:
More Posts
Stolen Vehicle Leads to Dismissed Claims
Jeff Murray secured an order dismissing plaintiff’s claims, with prejudice, on a motion for summary disposition. The underlying claimant had stolen her mother’s vehicle, gotten
Housing Accommodations Which Do Not Have the Purpose of Effectuating an Injured Person’s Care, Recovery, Rehabilitation, Are Not Compensable as Allowable Expenses under the No-Fault Act
Nicholas E. Girimont wrote our motion for partial summary disposition as to the claims submitted by Residential Care Solutions, LLC (“RCS”) which was seeking $82,268.48
All Claims Dismissed, Insurer Not Responsible for Adult Daughter
After reviewing a motion drafted by Jason D. Osbourn and the plaintiff’s opposing response, a District Court Judge has agreed that even though the daughter
Summary Disposition Granted, Unrelated Bills Dismissed
Plaintiff brought claims for first-party PIP benefits following a December 2017 motor vehicle accident. Mitch D. Parsons was able to show that certain bills incurred after the
