Dismissals
Recent Dismissals
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.
Physiatry & Rehab Associates, et al. (Hannosh) v. Safeco
Motion of Summary Disposition granting dismissal of provider suit due to material misrepresentations of claimant. Saved client $150,000.
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.
VHS Sinai-Grace Hospital et al v. Safeco
Granting of Motion for Summary Disposition as Plaintiff failed to meet burden of proof and provide expert evidence that injuries arose out of accident. Saved client around one million dollars.
Urbytes v. Liberty Mutual
Granting of Motion for Summary Disposition as Plaintiff’s fall down the stairs was too attenuated from the motor vehicle accident to have been caused by it. Saved client one million dollars.
Johnson – Starks v. Allstate
Granting of Motion for Summary Disposition due to Plaintiff committed fraud in submission of her claims.