First-Party No-Fault Provider Case

Court/Case No: Oakland County Circuit Court; Case No. 13-134759-NF

Tried/Argued Before: Judge

Demand: $402,000

Verdict: Dismissed with prejudice pursuant to Defendant's Motion for Summary Disposition

Name of Judge(s): Honorable Martha Anderson

Keys to the Case:

Attorney Williams prepared, and Attorney Frederick argued, a Motion for Summary Disposition, based upon Plaintiff’s failure to timely respond to Defendant’s Request for Admissions.  Because Plaintiff failed to timely respond to Defendant’s Request for Admissions, it admitted the policy under which Plaintiff sought no-fault benefits contained a coordinated endorsement; the health insurance policy was primary for payment of no-fault benefits; and Defendant was not the insurer in the highest order of priority for payment of no-fault benefits.  Further, the Court opined that Plaintiff failed to show good cause, as required by MCR 2.312(d)(1), for filing Responses to Defendant’s Request for Admissions three months late.  In fact, the Court specifically found, “Plaintiff’s explanation, or lack thereof, for the delay [was] far from persuasive.”  Based on the foregoing, the Judge granted Defendant’s Motion for Summary Disposition, brought pursuant to MCR 2.116(C)(10).

Defense SW attorney(s) Involved in Case: