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Be Connected. Be Discovered. Facebook, Fraud, and No-Fault
In Yousif v State Farm Mutual Automobile Ins Co, the Michigan Court of Appeals, in reaffirming Bahri and Chandler, held where the evidence of fraud is so overwhelming no rational trier of fact could find otherwise, summary disposition may be appropriate. Although Yousif is unpublished, the COAs’ unanimous ruling is noteworthy & should serve to remind us a thorough investigation, including a claimant’s social media, should be undertaken when there is even a hint of fraud. While fraud is often times a question of fact for a jury, where the evidence is overwhelming, summary dismissal can be appropriate. Yousif also reinforces the Court’s opinion in Chandler that a false statement to the assigned carrier which rises to the level of a fraudulent insurance act is sufficient to bar PIP benefits under MCL 500.3173a.
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