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Plaintiff attempts to transform no-fault claim following case evaluation hearing; Court of Appeals holds: not so fast, there’s more than meets the eye

Motor Vehicle Litigation / June 1, 2018

Where a plaintiff’s pleadings fail to limit the specific no-fault benefits being claimed and/or the court does not exempt any aspect of the plaintiff’s action from case evaluation, the case evaluation panel will issue an award based upon the entire claim.

Mutual acceptance of a case evaluation award must result in a dismissal of the action with prejudice by the trial court. However, within the no-fault context, the dismissal only pertains to claims that have accrued as of the date of the case evaluation hearing.

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