Co.-Managing Partner Mark Sowle obtained verdict of no cause of action during a jury trial in Wayne County before the Hon. Anette Berry on October 1, 2021. Plaintiff Life Skills Village had demanded excess of $100,000 on a balance bill for an individual who would allegedly suffered a traumatic brain injury in a motor vehicle accident. The jury awarded them $0.00 concluding that the individual claimant has not incurred any allowable expenses at Plaintiff’s facility. The defense is currently pursuing sanctions pursuant to MCL 500.3148.
A-M Law Attorney John Ruth successfully argued that the Michigan Assigned Claims Plan was not in highest order of priority to the Detroit Medical Center’s claim for no-fault medical benefits where a prior PIP lawsuit involving the same accident was filed by the DMC and defended by a now insolvent insurer. The Court granted summary disposition in favor of the MACP leaving the Michigan Property & Casualty Guaranty Association as the only named Defendant to the suit.
A-M Law Attorney John Ruth prevailed on a motion for summary disposition filed on behalf of the Michigan Assigned Claims Plan where there was no genuine issue of material fact that a motor vehicle was not involved in the subject-accident, thus there was no statutory right to assigned claims benefits under MCL 500.3172. Plaintiff failed to proffer any evidence to refute the testimony of the two closest witnesses’ denials that a motor vehicle was involved in the accident and the responding officer’s report that there was no observed damage suggesting a motor vehicle was involved in the accident.
A-M Law Attorney Michael Phillips successfully argued a motion for summary disposition on behalf of an assigned claims servicing insurer in a statutory reimbursement action in the 74 th District Court in Bay City.
A-M Law Attorney Michael Phillips successfully argued Plaintiff hospital service provider was not entitled to assigned claims benefits pursuant to MCL 500.3172 where Plaintiff billed and accepted payment for the claimed benefits from State Farm Insurance prior to any claim submission to the assigned claims plan.
Christopher Endres prevailed on a motion for summary disposition filed in the 46 th District Court against a medical service provider arguing that the Plaintiff was unable to establish the underlying claimant’s eligibility to receive no-fault benefits under the insurer’s policy. The claim was placed and remained under a reservation of rights after Auto-Owners was unable to confirm the underlying claimant’s involvement in the motor vehicle accident despite several pre- and post-litigation efforts to contact her. The claimant was listed as the involved vehicle’s owner on the police report but not an occupant at the time of the accident. There were no corresponding emergency room records and the Plaintiff’s initial physical therapy records made no reference to the subject-accident.
A-M Law Attorney Christopher Endres prevailed on a partial motion for summary disposition of Plaintiff’s uninsured motorist benefits. The circuit court dismissed Plaintiff’s uninsured motorist claim where the evidence demonstrated that Plaintiff did not suffer from an objective impairment. Chris successfully argued that the then 49-year-old Plaintiff’s hospital X-rays, cervical CT scans and post-accident MRI findings were all degenerative in nature, thus not evidence of an objective accident-related impairment.
A-M Law Attorney Mark Sowle obtained an Opinion from the Court of Appeals in the case of Titan v. American Country that is an important step in preserving the financial integrity of the Michigan Assigned Claims Plan. This decision allows an Assigned Claims Insurer to recover all benefits paid plus loss adjustment costs when higher priority coverage is discovered, without having the reasonableness or necessity of its payments questioned by the higher priority insurer. Read Titan v. American Country full opinion.
A-M Law‘s Joseph Mierzejewski obtained an Opinion and Order from the Macomb County Circuit Court, Judge David Viviano, supporting Farm Bureau’s actions in obtaining a Judgment against an uninsured owner of a motor vehicle who claimed attendant care benefits.