Recent Results

A-M Law Attorney Marcy Mierzejewski prevailed on a Motion for Summary Disposition in a subrogation action brought pursuant to MCL 500.3177. The Defendant’s estranged husband took the Defendant’s uninsured vehicle without permission and struck a pedestrian. After paying no-fault first party benefits to the injured pedestrian the assigned claims servicing insurer filed a subrogation action against the owner of the involved uninsured vehicle. In granting summary disposition in favor of the assigned insurer Judge Popke of the Wayne County Circuit Court, Case Number 15-0003740-NF disregarded Defendant’s argument that the unlawful taking provision of MCL 500.3113 was a defense to a subrogation action. Instead, the Judge reasoned that all vehicles operated on a public roadway are subject to Michigan registration requirements and must be insured.

A-M Law's Joseph Mierzejewski obtained a dismissal in a third-party no-fault action after the Court agreed Plaintiff's attorney-referred physician, who did not have any of Plaintiff's pre-accident medical history and was given a factually incorrect history of the subject accident by the Plaintiff, including the significance of the collision, was unable to form a valid diagnosis of a cause for the onset of Plaintiff's claimed condition. The police report indicated Plaintiff suffered from "0" injuries, the EMS run report's only mention of an injury included a "bump on the head" and the emergency room assessment was reported as a head contusion. Plaintiff did not treat with any medical professional until she was referred to treat with a chiropractor by her attorney. Further, Plaintiff's pre-accident records revealed a host of pre-existing conditions limiting the Plaintiff's ability to lead a normal life, and six months following the accident Plaintiff was involved in an unrelated slip and fall in which she fractured her arm.

A-M Law's Kurt Anselmi and Christopher Endres prevailed in obtaining a dismissal and award of costs where Plaintiff's counsel filed a no-fault first party lawsuit involving two separate accidents, both of which were the subject of previous litigation and subject to res judicata. One the alleged accidents in the Complaint was settled with a Release of future benefits and litigation pertaining to the second accident is on appeal following the trial court's dismissal of the action with prejudice due to Plaintiff's counsel's various discovery violations.

A-M Law Attorney Christopher Lawicki prevailed on a Motion for Summary Disposition filed on behalf of an assigned claims servicing insurer in a statutory reimbursement action filed in the Calhoun County Circuit Court. The Defendant failed to establish any affirmative defense to the statutory action.

A-M Law Attorney Michael Phillips prevailed on a Motion for Summary Disposition filed on behalf of an assigned claims servicing insurer in a statutory reimbursement action filed in the 30th District Court. The Defendant failed to establish any affirmative defense to the statutory action.

A-M Law Attorney Kevin Wirth prevailed on a Motion for Summary Disposition filed on behalf of an assigned claims servicing insurer in a statutory reimbursement action filed in the 36 th District Court. The Defendant failed to establish any affirmative defense to the statutory action.

A-M Law's Kurt Anselmi recently obtained a dismissal with prejudice in a third-party action. Wayne County Circuit Court's Judge Fresard granted a Motion to Dismiss after Plaintiff failed to provide accurate discovery responses, medical release authorizations and failed to appear for at least two scheduled depositions.

A-M Law's Joseph Mierzejewski successfully argued that Plaintiff/Claimant and his provider claims to no-fault benefits are barred pursuant to MCL 750.410, commonly referred to as the anti-solicitation statue, and that the unsolicited telephone call by Claimant's previous attorney the day after the accident with a subsequent referral by the attorney for Claimant to treat at Plaintiff's therapy facility surmounted to a fraudulent insurance act under Section 4503 of the Insurance Code.

A-M Law Attorney Christopher Lawicki prevailed on a Motion for Summary Disposition filed on behalf of the Michigan Assigned Claims Plan in the Macomb County Circuit Court. The Court agreed that Plaintiff failed to notify the Assigned Claims Plan of his claim within one year of the loss as required by MCL 500.3145 and 3174.

A-M Law Attorneys John Ruth and Christopher Lawicki prevailed on a Motion for Summary Disposition filed pursuant to MCL 500.3172 on behalf of the Michigan Assigned Claims Plan. During its investigation the MACP learned that the involved vehicle's actual owner/registrant had a policy of automobile insurance applicable to the loss. Despite the MACP advising Plaintiff of the existence of higher priority insurance, Plaintiff failed to place the higher priority carrier on notice within one year of the loss. In granting the MACP's Motion, the Court found no merit in Plaintiff's objection to the dismissal for Plaintiff's own failure to timely notify the higher priority insurer.

A-M Law Attorneys John Ruth and Christopher Lawicki prevailed on a Motion for Summary Disposition filed on behalf of the Michigan Assigned Claims Plan where discovery efforts revealed that higher priority insurance existed with the Plaintiff/Claimant's resident relative.

Past Results