Evidence of Fraud? Be Specific!

On August 13, 2020, the Michigan Court of Appeals released for publication its decision in Thomasina Glasker-Davis v Daman Steven Auvenshine and Meemic Insurance Company, wherein the use of fraud as an affirmative defense to a PIP claim was addressed.

 If a case is to be defended on the basis of a plaintiff’s fraudulent conduct or claims, the affirmative defenses must be pled with specificity. While general affirmative defenses alleging fraud at the outset of litigation are commonplace, such must be amended and pled with specificity to conform with the evidence once uncovered throughout discovery. Failure to do so may preclude a defendant insurer from raising the issue in a motion for summary disposition. However, based on the Court’s heavy reliance on MCR 2.118(C), it is likely Meemic could simply move to amend its affirmative defenses to preserve the issue for trial.

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