Michael Phillips Prevails at Trial on Behalf of a MAIPF Servicing Insurer
A-M Law Attorney Michael Phillips prevailed at Trial obtaining a $118.760.78 judgment for MAIPF servicing insurer Auto Club Insurance Association.
In Auto Club Insurance Association v Smith, Muskegon County Circuit Court Case Number 14-49470-NF. The uninsured claimant testified that she was a passenger on a motorcycle who was injured after the Defendant’s car caused the motorcycle to swerve. The Defendant claimed that her car was not involved in the accident as required under MCL 500.3114(5). At Trial the Defendant testified that she observed the motorcycle fall on its own in her rearview mirror after passing the intersection where the accident occurred. In reviewing the evidence, the Trial Judge ruled that Defendant’s version of the accident was not credible and that the claimant’s testimony was corroborated by additional materials in Auto Club’s claim file. Judgment for the full amount of no-fault benefits paid to or on behalf of the claimant by Auto Club plus loss adjustment costs and attorney fees was entered against Defendant.