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First party no-fault

Motor Vehicle Litigation / July 27, 2016

Court/Case No: Wayne County Circuit Court/15-006313-NF

Tried/Argued Before: Judge

Demand: For 4 plaintiffs (and 2 providers) in excess of $200,000

Verdict: $0 - case dismissed

Name of Judge(s): Honorable Daphne Means Curtis

Keys to the Case:

This case was defended on fraud in the inception of the policy. Horace Mann rescinded the policy of insurance based on the EUO and recommendation by our Firm.  There were three additional individuals in the vehicle who all claimed no insurance, the denial was initially done on Frost v Progressive, which was overturned during the pendency of the case, but the case of Bazzi v Sentinel Ins, which was issued in June of 2016, confirmed the elimination of the innocent third party rule and thus allowed all claims by all individuals to be dismissed by motion.  Therefore, Horace Mann was not responsible as the policy was procured by fraud as the true owner was never on the policy nor was he residing with his the insured, and this was not disclosed.  The case dismissal resulted in approximately $250,000.00 of total claims to be dismissed.


Defense SW attorney(s) Involved in Case:


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