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Newsletter Motor Vehicle Litigation / August 31, 2023
In this unpublished opinion, the Court of Appeals determined (1) Plaintiff’s medical records were properly considered as evidence of fraud after the commencement of litigation, not in violation of Williamson; (2) Plaintiff’s November 4, 2019, application for benefits was a statement of a party opponent under MCR 801(d)(2), and should not be excluded under MRE 803(6) due to a lack of trustworthiness; and (3) there is no intent element in MCL 500.3173a(4).