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Inconsistency or Fraud? It Depends on Plaintiff’s Knowledge and an Insurer’s Reliance on the Statements
In McCourt v Allstate Ins Co, unpublished opinion per curiam of the COA, issued May 23, 2019 (Docket No. 343003), the MI COA reversed the trial court’s ruling that Plaintiff committed fraud in requesting various 1st party benefits by holding there were questions of fact that precluded dismissal and remanded the case for further action.
Inconsistencies in household service forms created by the service provider, not the plaintiff, are insufficient to demonstrate fraud in the absence of evidence the plaintiff was involved in the creation or submission of the documents. Similarly, inconsistencies in reported medical history when compared to the medical records are insufficient to show fraud when there is no evidence that an insurer relied upon the misstatements.
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