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Better Think Twice Before Submitting False Attendant Care Forms to the MAIPF; Court Strikes Entire No-Fault Claim
Newsletter Motor Vehicle Litigation / January 21, 2019
The key point of this case is that a fraudulent submission to the MAIPF regarding any material part of a claim for no-fault benefits can bar an individual’s entire claim. Here, the Court determined that submission of the backdated attendant care was fraudulent because Plaintiff and his care provider indicated on the forms that Plaintiff required care 24-hours each day, and they both knew that 24-hour care was not provided on some of those days. Thus, even fraudulent submissions on one form or a small misrepresentation could trigger a fraudulent insurance act for claims submitted to the MAIPF, so long as the fraudulent statement or documentation related to a material portion of the claim.
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