First-Party (PIP)

Court/Case No: Wayne County Circuit Court/17-001388-NI

Tried/Argued Before: Judge

Demand: $127,000.00

Verdict: $0 – Motion for Summary Disposition granted

Name of Judge(s): Honorable Annette Berry

Keys to the Case:

In August 2016, Plaintiff Jessie Cobb was involved in a minor accident wherein he was the driver of a 1997 Dodge pickup truck and was stopped for a red light at the intersection of Puritan and Greenfield in Detroit. At the same time, co-defendant William Parks, who was driving a 2003 Pontiac Vibe, failed to stop for the red light and ran into the back of the Cobb pickup. The collision cause minor damage to the rear bumper of the Cobb pickup truck.

Plaintiff filed his Complaint against Progressive for PIP benefits and against William Parks (Liberty Mutual) for BI benefits on January 19, 2017, but did not serve the Complaint on Progressive until April 2017. During the lengthy discovery process, Plaintiff’s long history of accident-related insurance claims spanning 15 years and six different insurance carriers was uncovered. Despite this history, Mr. Cobb indicated on his Application for Benefits that he sustained neck, spine, and lower back injuries and disclosed only Henry Ford Hospital Emergency Room and Michigan Pain, Southfield, as treating physicians.

A Bahri motion for summary disposition was filed by Progressive citing Plaintiff’s material misrepresentation of the facts of the loss and material misrepresentation related to injuries sustained in the subject accident. Co-Defendant also filed a motion for summary disposition requesting dismissal of Plaintiff’s BI claims based on Plaintiff’s inability to meet all three prongs of the test set forth in MCL 500.3135. Judge Annette Berry, Wayne County Circuit Court, heard oral arguments on both motions on February 23, 2018, and dismissed all claims against Progressive and against William Parks.

Defense SW attorney(s) Involved in Case: