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First-Party (PIP)

Motor Vehicle Litigation / October 22, 2018

Court/Case No: Wayne County Circuit Court/17-017770-NF

Tried/Argued Before: Judge

Demand: $50,000.00

Verdict:  $0 – Motion for Summary Disposition granted

Name of Judge(s): Honorable Daniel Hathaway

Keys to the Case:

Plaintiff filed a first-party action seeking various first-party benefits under a policy of insurance issued to his grandfather, an insured of Defendant. Plaintiff alleged he lived with his grandfather on the date of the accident, thereby making him entitled to benefits under his grandfather’s policy as a resident relative.

Multiple depositions established that Plaintiff was not a resident relative of his grandfather at the time of the accident. In fact, he had moved out and lived with a girlfriend for nearly one year prior to the accident. The depositions of Plaintiff’s grandfather and ex-girlfriend were key to the case. These depositions established that Plaintiff did not keep personal belongings at his grandfather’s home, did not receive mail there aside from junk mail, and did not have his own bedroom at his grandfather’s home. Based upon this evidence, Defendant’s Motion for Summary Disposition pursuant to MCL 500. 3114 was granted.

Defense SW attorney(s) Involved in Case:


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