First-Party No-Fault

Court/Case No: Michigan Court of Appeals/328162

Tried/Argued Before: Judge

Demand: $100,000

Verdict: $0.00 Summary Disposition granted

Name of Judge(s):  Honorable Kurtis Wilder, Mark Cavanagh & Deborah Servitto

Keys to the Case:

Detailed briefing, thorough research, and expertise in interpreting the No-Fault Act and recent precedents such as Bazzi v Sentinel, ___ Mich App ___; ___ NW2d ___ (2016) (Docket No. 320518) enabled defense counsel to establish that the insured’s misrepresentations in his insurance application – regarding the purported commercial use of a vehicle that he was actually insuring for his son, an inexperienced driver with a poor record – permitted Sentinel to rescind the policy notwithstanding the claims of so-called innocent third-parties.  The panel, in reversing the trial court’s denial of Sentinel’s motion for summary disposition, held that the rescission was also fatal to the claims of providers who stood in the shoes of the injured person.

Defense SW attorney(s) Involved in Case: