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Clear Evidence of Fraud Would Have Been Enough; the Court Found it Did Not Meet That Level
In Dillon Hoeft and Rebecca McCoy v Progressive Michigan Insurance Company, the appellate court reversed the trial court’s decision that the Defendant was entitled to summary disposition in Plaintiffs’ no-fault PIP claim. The Court ultimately determined that despite having surveillance which allowed for a strong inference of fraud, a court must not make credibility determinations and Defendant’s evidence was insufficient to establish clear evidence of fraud and the absence of a disputed question of material fact.
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