First-Party, No-Fault

Court/Case No: Wayne County Circuit Court, 16-011565-NF

Tried/Argued Before: Judge

Demand: $1,073,817.09

Verdict: Summary Disposition granted

Name of Judge(s): Honorable Patricia P. Fresard

Keys to the Case:

Action for no-fault benefits was filed on behalf of an injured minor and multiple medical providers. Factually, the minor was ejected from the alleged insured vehicle which was being driven by another minor.

Progressive rescinded the policy weeks before the accident due to non-payment of the initial premium. It was later determined that a “street agent” procured the policy on the would-be insured’s behalf, providing false banking information to Progressive.

During litigation, Plaintiff and our Co-Defendant (the MACP carrier) vigorously opposed Progressive’s requests for voluntary dismissal. Specifically, arguments regarding equitable estoppel and the “street agent” being an apparent agent of Progressive were presented in opposition of our dispositive motion.

Following numerous depositions, extensive written discovery and several rounds of briefing, the Court granted Defendant Progressive’s dispositive motion. Plaintiff’s demand prior to entry of the order for dismissal was in excess of $1,000,000.00.

Defense SW attorney(s) Involved in Case: