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Why Don’t You Just Admit It?
In this priority dispute between PIP insurers, the Michigan Court of Appeals deemed a Request to Admit that asked one insurer to admit it was the insurer in highest priority to be an “improper subject” for a request under MCR 2.312.
Requests to Admit “cannot be used as an avenue to force an opposing party to admit that the plaintiff’s claim has merit.”
Attorney fee sanctions pursuant to MCR 2.312 should not be granted when based on the denial of an improper request for admission.
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