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First Party (PIP)
Motor Vehicle Litigation / February 24, 2017
Court/Case No: Wayne County Circuit Court/16-010267-NF
Tried/Argued Before: Voluntary Dismissal of Claims
Verdict: $0.00 Voluntary Dismissal
Name of Judge(s): Voluntary Dismissal of Claims
Keys to the Case:
Plaintiff filed an action against Defendant Trumbull seeking various first-party benefits under the Michigan No-Fault Act. Plaintiff alleged to have sustained injuries to her neck and lower back as a result of an alleged motor vehicle accident.
Throughout the course of discovery, it was learned that Plaintiff was not involved in any accident as alleged. According to the driver of the motor vehicle that was, in fact, involved in an accident, Plaintiff falsely claimed she was also involved in the accident for purposes of filing a lawsuit. Further, Plaintiff fraudulently utilized one physical therapy prescription on numerous occasions, ultimately treating 9-12 times per week for months with varying facilities – all in effort to inflate her claim. Third, Plaintiff made material misrepresentations in her Application for Benefits to Trumbull Insurance Company. Specifically, Plaintiff indicated that she had not treated for the same or similar conditions in the past, but her medical records just weeks before the alleged accident revealed she received treatment for neck and back pain, which were the exact complaints she asserted in her first party action against Defendant Trumbull.
Defendant filed a Motion for Summary Disposition on the basis of fraud, and further argued that the provider claims were barred by Plaintiff’s fraud. Prior to the hearing, Plaintiff and nine (9) providers voluntarily dismissed their claims with prejudice.
Defense SW attorney(s) Involved in Case: