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Aggravation of a Preexisting Condition Does Not Trigger Payment of No-Fault Benefits if Condition is Not Disabling

Motor Vehicle Litigation / January 6, 2020

Georganna Rodgers v Michael Allen Curtis and Auto Owners Insurance Company, unpublished opinion per curiam of the Court of Appeals, issued December 17, 2019 (Docket No. 343826), is a strong case for the defense bar and supports that when there is a bona fide factual dispute regarding whether an accident aggravated a plaintiff’s preexisting condition, as long as defendant relies upon their expert’s opinion, then attorney fees will not be owed.

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