Fraudulent Insurance Acts and the Michigan Automobile Insurance Placement Facility: Does MCL 500.3173a Require Intent to Defraud?

On January 8, 2019, the Michigan Court of Appeals issued an unpublished opinion analyzing the language of MCL 500.3173a with respect to a “fraudulent insurance act” for no-fault insurance claims submitted to the Michigan Automobile Insurance Placement Facility. In this case, Plaintiff made multiple misrepresentations with respect to his pre-existing injuries and his description of the accident and alleged injuries. The trial court granted Defendant Allstate’s Motion for Summary Disposition holding that Plaintiff was ineligible for benefits under MCL 500.3173a as a result of his fraudulent acts in the submission of his claim. The Michigan Court of Appeals affirmed the trial court and outlined the proper analysis for determining whether Plaintiff committed a fraudulent insurance act under the statute, including whether a defendant must prove intent.

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