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Give it Away Now: PIP Claimant Cannot Sue for Bills She Assigned to Providers

Motor Vehicle Litigation / November 22, 2021

Under MCR 2.201(B), “[a]n action must be prosecuted in the name of the real party in interest….”

“A real party in interest is the one who is vested with the right of action on a given claim, although the beneficial interest may be in another.” Winfield, unpub op at 3.

[A]n assignee [the party receiving the assignment] of a cause of action becomes the real party in interest with respect to that cause of action, inasmuch as the assignment vests in the assignee all rights previously held by the assignor.” Id.

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