Case Results | Scarfone & Geen

Plaintiff alleged damages of $280,596.76

This was a PIP action that proceeded to trial. Plaintiff claimed she was a pedestrian and struck by another vehicle. There was a dispute between Plaintiff and the occupants of the alleged striking vehicle whether Plaintiff was hit at all. Plaintiff claimed serious neck and back injuries. At trial, many of the medical records the firm introduced made no mention of Plaintiff being struck by a vehicle, and even the investigating officer testified that he did not believe Plaintiff was struck by the vehicle. It took the Jury less than five (5) minutes to return a no-cause verdict finding that the accident did not occur as alleged. The Court awarded $106,947.35 in attorney fees and $10,486.35 in interest against plaintiff.

Plaintiff alleged damages of $262,000+

This was a PIP claim that proceeded to trial. This was defended on the primary basis that this accident did not occur, and also on the grounds that the services provided were not necessary, the charges were excessive. Multiple motions for directed verdict were made and all of them were denied. In the end, however, the jury awarded zero dollars to Plaintiff and also determined the claim was fraudulent. $70,000 in attorney fees were awarded against Plaintiff, and Plaintiff appealed. The appeal was abandoned in exchange for non-execution of the attorney fee Judgment against Plaintiff.

Plaintiffs alleged damages of $100,000+

This PIP case was dismissed on Motion. After obtaining several Orders compelling Plaintiff’s compliance with discovery, the Court entertained our motion to dismiss Plaintiff with prejudice based on MCR 2.504. The Court granted our Motion and the Intervening Providers objected. In a separate order and opinion granting our request for dismissal, the Judge agreed with our argument and ruled that the provider's claim is extinguished the moment its patient's claim is extinguished.

Plaintiff alleged damages of $100,000

This PIP case was also dismissed on Motion. After obtaining several Orders compelling the injured person’s compliance with attending depositions, the Court dismissed the injured people with prejudice but allowed the providers’ claims to continue. The case was then transferred to Scarfone & Geen, PC, and a Motion for Summary Disposition was filed based on the dismissal with prejudice of the injured people. The Court agreed with our position that the provider's claims rise and fall on the eligibility of their patients, so if their patients are ineligible for benefits then the providers are ineligible as well.

Plaintiff alleged damages of $160,000+

This PIP case went to trial. Plaintiff alleged that he received injuries or aggravation of pre-MVA conditions as a result of a contact between a backing-up tour bus and the insured vehicle he occupied. Plaintiff sought PIP benefits for medical expenses, wage loss, household services and mileage. We defended the lawsuit asserting that the Plaintiff did not occupy the vehicle, or if he did occupy the vehicle, the contact between the bus and the car was so minor that neither injury nor aggravation of pre-MVA conditions could have reasonably occurred. The jury unanimously (8-0) found that there was no accidental bodily injury arising out of any motor vehicle accident. In post-verdict discussions with the jury, we were told they did not believe that Plaintiff was even in the car at the time of the contact between the bus and the car.

Plaintiff alleged damages of $234,813.01

Defendant was the servicing insurer for the Assigned Claims Facility in this PIP suit that proceeded to trial. Our defense to liability in this case was that Plaintiff was a constructive owner of the involved vehicle and, therefore, not entitled to any PIP benefits. The jury decided that Plaintiff was a constructive owner of the vehicle and no benefits were owed to plaintiff.

Plaintiff alleged damages of $114,769.32

This trial involved a claim for PIP benefits stemming from a minor rear-end accident. Plaintiff alleged cervical disc herniations as a result of the accident. Benefits were paid for the first six weeks pursuant to IME opinions. Extensive surveillance was conducted on Plaintiff and it revealed she was working at McDonald’s wiping tables and taking out the trash while she claimed to be disabled from doing any of her own household chores. After over a week in trial, the Jury returned a no-cause verdict in a little over an hour.

Plaintiff alleged damages of $286,555.90

Plaintiff alleged PIP and UM damages for allegedly being run over by another vehicle. Extensive discovery occurred in this case and it became apparent that this accident did not occur as described by Plaintiff. After the close of discovery, additional surveillance and SIU claims investigation revealed that Plaintiff was still actively working as an movie actor and had been going to Planet Fitness since the accident. After multiple attempts to get Plaintiff to dismiss, a motion to dismiss was filed with the alternative request that Plaintiff post a security bond if he wanted to proceed to trial. Plaintiff’s attorney contacted the firm and agreed to dismiss the case with prejudice shortly before trial.

Plaintiff alleged damages of $100,000

This was a claim for UM benefits that proceeded to trial. As part of his claim, Plaintiff had to show that there was actual contact between his car and another vehicle. We defended this case on the basis of fraud and that no such contact occurred. Trial was fairly contentious in this matter but it took the jury less than five (5) minutes to decide that Plaintiff was not struck by a hit-and-run vehicle and, therefore, was not entitled to anything.

Plaintiff alleged damages of $62,765.99

This was a PIP suit and though fraud was not alleged in this case, there were a number of inconsistencies in Plaintiff’s statements regarding the accident, her injuries, and her damages. After trial of this matter, it took the Jury less than half an hour to return a zero verdict for Plaintiff.

Plaintiff alleged damages of $121,381.47

This was a PIP suit involving a staged accident. Witnesses in the vehicle, including Plaintiff testified that before the accident they saw two individuals chasing and shooting guns at each other. Throughout discovery, it became apparent that the case was fraudulent. Plaintiff’s counsel stipulated to dismiss the case with prejudice after we filed a motion for summary disposition and for sanctions in response to Plaintiff’s motion to transfer the case to the 36th District Court immediately before trial.

Plaintiff alleged damages of $64,491.20

This was a claim for PIP for alleged neck and back injuries. This case proceeded to trial. We were successful in getting this case dismissed on the day of trial for Plaintiff’s failure to comply with the Court’s orders.

Plaintiffs alleged damages of $225,000+

This was a PIP claim for allegedly severe neck and back injuries to all three (3) plaintiffs. Through discovery, an insurer in a higher order of priority was identified as to all three (3) plaintiffs as well. We filed a Motion for Summary Disposition on this basis and Defendant was dismissed with prejudice.

Plaintiff alleged damages of $230,000+

Plaintiff alleged over $50,000 in her principle claim for first-party no-fault benefits, alleging injury to her neck and back. The firm got her case dismissed with prejudice for her failure to attend an IME and her refusal to conduct discovery.

A medical provider alleged over $180,000 in damages. The firm was successful in getting the medical providers claims dismissed on a motion for summary disposition, arguing that it stands in the shoes of its patients on the issue of coverage and because she was dismissed with prejudice, the medical provider cannot maintain its own cause of action.

Plaintiff alleged damages of $531,000+

This was a PIP claim for an alleged closed-head injury. Significant payments in excess of $500,000 were made by the insurer. During discovery, an insurer in a higher order of priority was identified and brought into the case for reimbursement. We filed a motion for summary disposition and to recoup what the insurer had paid to Plaintiff. The motion was granted and we were successful in recouping $531,177.13 in payments and costs.

Plaintiff alleged damages of $200,000+

This was an Assigned Claims case and Plaintiff’s alleged damages were well over $200,000. Initially, Defendant paid over $100,000 in bills and then Plaintiff filed suit. We discovered that another insurer insured the vehicle that struck Plaintiff and so we brought them into the case and also filed a counter complaint. We moved for summary disposition because the other insurer was in a higher order of priority. Plaintiff and the other insurer agreed and so they both stipulated to our dismissal. We also recouped more than the money paid by our client on behalf of Plaintiff - $132,751.82 in PIP and $18,964.62 in administrative costs.

Plaintiff alleged damages of $100,000+

This was a PIP claim for neck and back injuries arising out of a suspicious accident. Through discovery, an insurer in a higher order of priority was identified. We filed a Motion for Summary Disposition on this basis and our client was dismissed with prejudice.

Plaintiff alleged damages of $100,000+

In this PIP action, plaintiff claimed an extraordinary amount of medical expenses for alleged neck and back injuries. In the course of discovery, an insurer in a higher order of priority was identified. We filed a Motion for Summary Disposition on this basis and our client was dismissed with prejudice.

Plaintiff alleged damages of $100,000+

This was a medical provider action through the Assigned Claims Facility for treatment provided to the claimant. The firm took the EUO of the claimant and it was clear she was an owner of the uninsured vehicle and, thus, not entitled to benefits. After the firm spoke with Plaintiff’s counsel about the results of the EUO and the legal implications of the admission on the record, the lawsuit was dismissed against our client.

Plaintiff alleged damages of $300,000+

This was a PIP claim and initially Plaintiff sued two insurers over this loss. Our Client insured the vehicle Plaintiff was driving and the other insurer insured a Pontiac Grand Prix where Plaintiff was a “listed driver.” ACIA moved for summary disposition arguing that it did not insure Plaintiff unless he was in the Grand Prix. In light of the documentation attached to the other insurer’s motion, we responded that the other insurer absolutely insured Plaintiff and even if the insurance contract is ambiguous any ambiguous language in an insurance policy must be construed against the drafter, which in this case was the other insurer. Co-Defendant agreed with our analysis and stipulated to our client’s dismissal with prejudice.

Plaintiff alleged damages of $43,195.40+

This PIP suit arose out of an alleged hit and run. Plaintiff was an egg-shell plaintiff in that all of her alleged injuries were preexisting. Initial reports of the accident by Plaintiff showed no damage to her vehicle at all and that she was not injured. Plaintiff later “sought” treatment and had surgery. Subpoenaed medical records revealed all of the alleged injuries were preexisting, discovery revealed that no police report was ever made, and pictures of the vehicle showed no damage. A motion for security was filed, but Plaintiff agreed to dismiss the case by Stipulated Order prior to the hearing.

Plaintiff alleged damages of $48,000

This is a provider lawsuit alleging entitlement to reimbursement of medical bills stemming from physical therapy treatment provided to a claimant. Defendant filed several motions for partial summary disposition seeking dismissal of this claim based on a coordination of health benefits defense. We appeared before the Court on numerous occasions including a motion for reconsideration after the Court denied our motion finding a question of fact. Defendant finally prevailed and an order of dismissal with prejudice was entered on June 11, 2014.

Plaintiff alleged damages of $150,000+

This was a PIP lawsuit for payment of medical bills, lost wages, replacement services, and interest and attorney fees. The case was defended on the basis of fraud. Multiple depositions of the Plaintiff and various passengers were completed and revealed inconsistent versions of how the alleged hit and run occurred. An accident damage analysis was completed which suggested the alleged hit and run could not have occurred as alleged by the Plaintiff. Several pre-trial motions were filed including one to dismiss for fraud. Three days before trial was set to begin five motions in limine were filed which if granted would have resulted in a dismissal of the action. At that time, Plaintiff agreed to enter a stipulated order of dismissal with prejudice on September 8, 2014.

Plaintiff alleged damages of $33,500+

This was a provider lawsuit for of medical bills stemming from treatment, including epidural injections, provided to Claimant. The case was tried to jury verdict in favor of our client. The jury found that claimant’s alleged injuries did not arise out of a motor vehicle accident. We filed a post-trial motion for costs and attorney fees in the amount of approximately $30,000, which the court granted and the provider paid our client.

Plaintiff alleged damages of $187,000+

This was a combined claim for PIP and UM benefits. The case was tried to a jury verdict in favor of Defendant on March 13, 2014. We defended the case by arguing the alleged hit and run never occurred. We relied upon its accident damage analysis expert to argue the damage was not consistent with a hit and run accident. The jury agreed and the case was dismissed.

Plaintiff alleged damages of $140,800

This was a provider lawsuit for treatment provided. Prior to the trial of the claimant, the medical provider agreed to be bound by the jury’s verdict. After successfully trying the claimant’s lawsuit to a defense verdict, Defendant entered a stipulated order of dismissal with prejudice on May 6, 2014.

Plaintiff alleged damages of $72,500+

This was a provider lawsuit for reimbursement of medical bills for treatment provided. Following the successful trial of the claimant wherein the jury found in favor of Defendant, we filed a motion for summary disposition arguing collateral estoppel on the issue of whether an accident occurred (the jury concluded that it did not). The Court agreed, granted the motion, and dismissed the case.

Plaintiff alleged damages of $25,000+

This office took several examinations under oath. There were impossible discrepancies in the testimony regarding the facts of loss. Our expert conducted an Accident Damage Analysis and concluded that the damage to the vehicle was inconsistent with the facts of loss. The damage was not caused by another vehicle but by a narrow, non-vehicular object. We were successful in approaching opposing counsel on all separate cases stemming from this accident and having these claims dismissed.

Plaintiff alleged damages of $25,000+

Our expert conducted an Accident Damage Analysis and concluded that the damage to the vehicle was inconsistent with the facts of loss as claimed by the alleged occupants of the vehicle. The damage was not caused by another vehicle but by a narrow, non-vehicular object. This claim was dismissed shortly after the complaint was filed.

Plaintiff alleged damages of $2,000+

Given the facts revealed after the examinations of the alleged injured people and the opinions of our accident reconstruction expert, we were able to have this case dismissed before answering the complaint.

Plaintiff alleged damages of $5,000+

Plaintiff alleged damages of $10,000+

Given the facts revealed after the examinations under oath of the alleged injured people and the opinions of our accident reconstruction expert, we were able to have this case dismissed before answering the complaint.

Plaintiff alleged damages of $15,000+

Plaintiff alleged damages of $12,500+

This was a body shop’s lawsuit for damages to the car driven by an alleged insured, which was involved in an accident on June 28, 2013. There was no coverage available to the alleged insured on June 28, 2013 because her policy with Defendant had been canceled for non-payment of premiums on June 15, 2013, two weeks before the accident. We approached plaintiff’s counsel with these facts and the matter was dismissed.

Plaintiff alleged damages of $25,000+

Initially, Plaintiff sought treatment for three (3) separate insureds involved in three (3) separate accidents. We argued that even if Plaintiff has improperly grouped three unrelated patients together, Plaintiff did not meet the jurisdictional limits of the Circuit Court, the case should be dismissed, and Plaintiff should have to pay Defendant’s attorney fees for having to appear in the wrong Court. The Judge agreed. Instead of paying the attorney fees, however, the case was dismissed.

Plaintiff alleged damages of $100,000+

This PIP action was dismissed for Plaintiff’s failure to post a court-ordered bond. Throughout the course of investigating this claim, it became apparent that Plaintiff was solicited and sent to each of her providers. IME opinions were very strong that Plaintiff’s pain and injury complaints were inconsistent with the records as well as her testimony. We filed a motion for security of costs and Plaintiff was ordered to post a $1,000 bond in order to proceed with her claim. She failed to post bond and the Court dismissed the case with prejudice for her failure to post bond. Five (5) intervening provider claims were also dismissed as a result.

Plaintiff alleged damages of $25,000+

Plaintiff and his providers dismissed on Motion for Summary Disposition. Plaintiff testified that he would have never sought medical treatment if he wasn’t solicited. Using his testimony, we argued that none of the treatment was reasonable and necessary. The motion was granted.

Plaintiff alleged damages of $25,000+

Plaintiff filed this PIP action but refused to cooperate. Plaintiff never attended an EUO, never answered discovery requests, and failed to attend an IME. We filed a motion to dismiss based on Plaintiff’s willful refusal to conduct discovery. The Judge granted the motion and dismissed the case.

Plaintiff alleged damages of $10,000

Plaintiff had gone AWOL in her own PIP action, so this was a provider's claim for payment of benefits on her behalf. The case was riddled with fraudulent conduct by Plaintiff as well as the testimony of three (3) other witnesses who outright undermined Plaintiff’s entire version of the accident and injury. We filed a motion for security of costs, which the Court granted and ordered Plaintiff to post a $7500 bond in order to proceed to trial. Plaintiff failed to post the bond and the case was dismissed.

Plaintiff alleged damages of $15,000

This was one of several medical claims for PIP benefits on behalf of Plaintiff. Plaintiff’s wife presented for testimony. After her testimony, our Accident Damage Analysis Expert indicated that it was not possible that the alleged “accident” happened the way Plaintiff claimed it did. Given the obvious fraud issues, both claims were denied for fraud. A medical provider filed suit, but after discovering the substantial evidentiary issues it faced at trial, as well as the fraud involved, it dismissed without payment.

Plaintiff alleged damages of $10,000

This was one of several medical claims for PIP benefits on behalf of an insured. A medical provider filed suit, but after discovering the substantial evidentiary issues it faced at trial, as well as the fraud involved, it dismissed without payment.

Plaintiff alleged damages of $20,000

This was one of several medical claims for PIP benefits on behalf of an insured. Given the obvious fraud issues in this case and the fact that the claimant was AWOL, Plaintiff dismissed its case without payment.

Plaintiff alleged damages of $60,000

This was a PIP action that was filed significantly later than one year after the accident. Because we had no idea what Plaintiff was claiming as far as medical bills, we filed a motion for summary disposition arguing that after application of the one-year-back rule, Plaintiff did not meet the jurisdictional limits of the courts ($25,000). After multiple hearings, it became clear that he could not meet the limits. The Judge dismissed the case and ordered that attorney fees be paid in order to have the case transferred to district court. Plaintiff did not pay the attorney fees, so the case was dismissed.

Plaintiff alleged damages of $25,000+

This was Plaintiff’s second PIP action against our client, the first being dismissed with prejudice because another insurer was in a higher order of priority. We were forced to file a motion for summary disposition arguing that Plaintiff’s prior voluntary dismissal with prejudice of our client operated as an adjudication on the merits and barred this second lawsuit. The Judge agreed and dismissed the case.

Plaintiff alleged damages of $10,000+

A medical provider filed this PIP action within one year of providing treatment to an insured, but failed to provide notice to Defendant of its claim within one year of the accident. We filed a motion for summary disposition arguing that Plaintiff’s failure to provide notice within one year of the claim barred the lawsuit and that sanctions should be awarded because Plaintiff averred in its complaint that timely notice was given. The Judge granted the motion and also awarded sanctions. We were also successful on defending the appeal of this case as the Appellate Judge affirmed the sanction as well as the lower court’s ruling.

Plaintiff alleged damages of $5,000

This was another provider suit for PIP benefits on behalf of an insured. Our engineering expert, indicated that there was no way the accident happened the way Plaintiff claimed it did. In addition to the suspicious nature in which Plaintiff was introduced to her medical providers, all the evidence suggested that even if this accident occurred, the claimant was not in the vehicle when it happened. Plaintiff dismissed the case without payment shortly before trial.

Plaintiff alleged damages of $25,000

This was another provider suit for PIP benefits on behalf of an insured alleging a ridiculous amount of physical therapy. All the evidence in this case suggested that even if this accident occurred, the insured was not in the vehicle when it happened. We filed a motion for Plaintiff to post a security bond because its claim was the product of fraud. The Judge granted the motion and ordered that Plaintiff post a $7500 security bond in order to proceed. Plaintiff did not post bond and the case was dismissed.

Plaintiff alleged damages of $20,000

Plaintiff’s case was dismissed a couple years ago because the district court judge ruled that he had intentionally caused the accident. While the Judge refused to dismiss the case on these grounds, Plaintiff's counsel eventually came to the realization that it could not proceed with its claim given the absence of Plaintiff and the finding that he intentionally caused himself injury. Plaintiff dismissed without payment.

Plaintiff alleged damages of $50,000+

In this PIP action, an accident did happen, but it did not happen how Plaintiff claimed it did. All witnesses (other than Plaintiff) were consistent in that the accident happened at a location other than where Plaintiff said it did, in a different manner, and they were all consistent that they knew plaintiff and she was not even in the vehicle when the accident occurred. We filed a motion for Plaintiff to post a security bond because she had committed fraud, Plaintiff disappeared, and then her case was dismissed with prejudice.

Plaintiff alleged damages of $20,000+

This was a medical provider action for payment of PIP benefits on behalf of an insured. After the insured’s case was dismissed with prejudice, we filed a motion for summary disposition arguing that her involuntary dismissal from Circuit court operated as an adjudication on the merits and barred her providers claim. Familiar with our office and this argument, Plaintiff dismissed its case instead of responding to the motion.

Plaintiff alleged damages of $34,000+

In this provider action, the provider petitioned the Assigned Claims Plan on its own. The injured individual had nothing to do with the application for benefits submitted to the MAIPF. The case was assigned to Defendant and the injured party would not cooperate. Finally the injured party was picked up for a robbery and we deposed him in jail. Within five (5) minutes of speaking with him, it was clear that he had no driver’s license, did not have permission to use the uninsured vehicle, and was ineligible for benefits. Plaintiff dismissed without payment.

Plaintiff alleged damages of $3800

A car rental facility filed suit against the insured and the insurer alleging payment for damage to a rental vehicle. We immediately had the insurer dismissed on motion because the body shop is not a third-party beneficiary of the insurance policy. It was obvious during discovery that the vehicle was not damaged while in the possession of the insured. After successfully arguing several motions in limine, plaintiff dismissed its case with prejudice approximately one (1) week before trial.

Plaintiff alleged damages of $8,000

A body shop filed suit against an insured and the insurer alleging payment of a navigation system it purportedly installed into the vehicle. We immediately had the insurer dismissed on motion because the body shop is not a third-party beneficiary of the insurance policy. During discovery on behalf of the insured, Plaintiff admitted multiple violations of the Motor Vehicle Service Repair Act. Once admitted, we argued that these violations precluded the body shop from suing the insured. The Judge agreed, dismissed the case, and ordered that attorney fees be paid by Marks One in the amount of $5,400.

Plaintiff alleged damages of $25,000+

Plaintiff filed this PIP suit alleging injuries from a 2011 accident. Because virtually no medical records were provided in discovery, we filed a motion for summary disposition arguing that she had no proof she was injured in an accident or received necessary treatment after application of the one-year-back rule. The Judge agreed and dismissed the case.

Plaintiff alleged damages of $25,000+

This was a PIP claim for benefits stemming from an alleged accident in which the vehicle was uninsured. It became clear through discovery that the Plaintiff was an owner of the vehicle as contemplated by MCL 500.3113 and, therefore, was not entitled to benefits because the vehicle was uninsured. A motion for summary disposition was filed and granted on that basis.

Plaintiff alleged damages of $29,443

This was a medical provider suit for PIP benefits. We filed a motion for summary disposition based on the coordinated policy the insured had with our client and the fact that he treated out of network with Plaintiff. The motion was granted and the case was dismissed with prejudice.

Plaintiff alleged damages of $13,761.20

This was an action for PIP benefits for alleged neck and back injuries. Throughout the course of discovery an insurer in a higher order of priority was identified. We filed a motion for summary disposition on this basis. The motion was granted and our client was dismissed with prejudice. A leasing agency was also ordered to reimburse our client $13,761.20.

Plaintiff alleged damages of $25,000

This was a PIP action by Plaintiff for alleged injuries she sustained as a passenger in a car driven by our client’s insured. We moved for summary disposition because our client was not the highest insurer in the order of priority. The Court granted the MSD and dismissed our client with prejudice.

Plaintiff alleged damages of $25,000+

This was a PIP and UM claim. This claim was suspicious from the beginning due to the fact that the damage to the vehicle was not consistent with the testimony of Plaintiff. In addition, there was significant testimony that Plaintiff was solicited by a now disbarred personal injury lawyer and promised money. A motion for summary disposition was filed based on the testimony of Plaintiff (i.e. that he would not have sought treatment if he were not solicited), the ADA, and also Plaintiff’s coordinated policy. The Motion was granted and the case was dismissed.

Plaintiff alleged damages of $25,000+

This was a PIP action in which Plaintiff was suspected to be solicited and sent to her providers by attorney. After the case was filed, Plaintiff failed to comply with discovery, refused to testify and sign medical authorizations, and then her case was dismissed through motion.

Plaintiff alleged damages of $50,920

This was a PIP action for suspicious neck and back injuries. Throughout the litigation process it became clear that while this was a confirmed accident, Plaintiff was lying about the magnitude of the accident and also her injuries. When confronted with these allegations, including the testimony of various witnesses, and ADA, and a Biomechanical Analysis, Plaintiff and her attorney essentially stopped prosecuting the case. A settlement conference occurred on April 11, 2013 where Plaintiff and counsel failed to appear. An order of dismissal was entered May 6, 2013.

Plaintiff alleged damages of $29,450

A medical provider that intervened into the main PIP action of Plaintiff. After the issue of a coordinated policy arose, the firm filed a motion to dismiss the physical therapy bills on the basis that Plaintiff treated out of network and Defendant was not responsible for these bills. The medical provider agreed to dismiss to avoid a hearing on the issue.

Plaintiff alleged damages of $25,000+

This case was for PIP benefits arising out of a minor accident. Plaintiff was clearly solicited for treatment as outlined in the IME report. Plaintiff essentially told the IME doctor that her attorney was involved in a solicitation ring. When this came to surface, her attorney decided to withdraw from the case. Plaintiff never retained new counsel and the case was dismissed at the hearing on our motion to dismiss.

Plaintiffs alleged damages of $45,253

This was a claim for PIP benefits at of a suspicious accident. Plaintiff was in the vehicle when the accident occurred – her testimony was inconsistent with other witnesses and her cell phone records put her in Albion at the time of the accident. The Court denied our motion for security of costs and set a trial in late January 2014. In response to our motion for security, Plaintiffs provided a purported affidavit of a friend that explained she had Plaintiff’s phone in Albion on the date in question because she was supervising her children.

Before trial, Plaintiff’s filed a motion to remove the case to the 36th District for trial because the damages did not exceed $25,000 as to each plaintiff. Through emails, we responded to plaintiff’s counsel that we would be seeking costs and sanctions for an improperly filed case and also be adding a forensic document analyst to the witness list, as well as Plaintiff’s notary, because after speaking with the friend she advised us that she did not sign any paperwork in support of Plaintiff’s claim. Counsel for plaintiff agreed to dismiss with Prejudice.

Plaintiff alleged damages of $25,000

This was a PIP action for alleged injuries. As soon as this case was filed, we approached Plaintiff’s counsel with allegations of fraud and that the accident was staged. The case was dismissed before discovery even began. We do not know the exact amount of damages alleged by Plaintiff but it can be presumed they were over $25,000 because it was a Circuit Court case.

Plaintiffs alleged damages of $50,000+

Plaintiffs sought PIP benefits for a suspected staged accident. Plaintiff blatantly lied about a prior accident occurring just days before the subject accident. ER records from the prior accident showed the exact same neck and back complaints she claimed arose out of the subject accident. A counter claim was filed and entered against Plaintiff for $29,000 as it related to the repairs on the vehicle. During proceedings, plaintiffs’ attorney withdrew from the case and plaintiffs never retained new counsel. Plaintiffs failed to appear at case evaluation and further Court proceedings. A note of Dismissal appeared on the Court’s register of actions on September 26, 2013.

Plaintiff alleged damages of $25,000+

This was a PIP suit for alleged arising out of a hit-and-run. The issue in this case was that Plaintiff tried to procure an insurance policy through misrepresentation and no premiums were ever received. The firm filed a motion to dismiss on this basis and that the policy was never valid. We were able to secure a dismissal with prejudice when Plaintiff’s counsel agreed to stipulate to an order in lieu of a motion.

Plaintiff alleged damages of $9,900+

This was a provider suit for PIP benefits. Our client was not aware of this accident until over a year after when it was served with the complaint. Another insurance company initially defended this case and an ADA was conducted. The ADA opined that the damage to the back of the involved vehicle was manufactured with a hammer. We filed a motion for summary disposition alleging that the provider failed to notify our client within a year of the accident; therefore, its claim was barred. The motion was granted and there is an upcoming hearing where the Judge will decide the issue of costs to be awarded to our client.

Plaintiff alleged damages of $25,000

Plaintiff’s principle PIP case was dismissed from Circuit Court with prejudice for his incessant refusal to conduct discovery. Initially his attorneys moved to withdraw as counsel because they were not able to contact Plaintiff. After it became clear that Plaintiff would not comply with the Discovery Order, the Court dismissed his case with prejudice.

Plaintiffs alleged damages of $15,000

This was a direct action by a medical provider for PIP Benefits. Plaintiff's PIP case was dismissed with Prejudice. Using TCBI, PC v State Farm Mutual Auto Ins Co, 289 Mich 339 (2011), we argued that because Plaintiff providers are a privy of Plaintiff, they stand in the shoes of Plaintiff on issues of liability and coverage. We next argued that because Plaintiff’s case had been dismissed with prejudice from the Circuit Court, we argued that this dismissal operated as an adjudication on the merits, i.e. that Plaintiff was not injured in the accident and is not entitled to PIP benefits from our client. The first time we filed this motion, the Court denied it without prejudice. In the meantime, the 36th District granted an identical motion filed in another provider case. After discovery, we renewed the Motion for Summary. The Court granted the second motion and dismissed with prejudice.

Plaintiff alleged damages of $9,900

This was a direct action by a medical provider for PIP benefits. Using TCBI, PC v State Farm Mutual Auto Ins Co, 289 Mich 339 (2011), we argued that because the provider is a privy of Plaintiff, it stands in the shoes of Plaintiff on issues of liability and coverage. Because Plaintiff was already dismissed with prejudice, the medical providers case must be dismissed as well. The Judge agreed and granted our Motion for Summary Disposition.

Plaintiff alleged damages of $5,000+

This was direct PIP action by a medical provider. On July 8th, 2011, the insured was allegedly an occupant of one of the motor vehicles involved in the accident and allegedly injured as a result of the accident. On December 6, 2012, Plaintiff filed a Complaint seeking No-Fault benefits for these services. There was no dispute that Plaintiff’s Complaint for damages was filed more than one year after the alleged services were performed. We filed a Motion for Summary regarding MCL 500.3145 and the one-year-back rule. Upon receiving our motion, opposing counsel agreed to dismiss.

Plaintiff alleged damages of $20,000+

This was a direct PIP action by a provider. It was suspected that claimant (or his partner in crime) cut the brake lines of the U-Haul truck and thus caused the accident. Our engineering expert opined that the brakes were absolutely cut. We moved for Summary on this issue and the court granted the motion and dismissed the case with prejudice.

Plaintiff alleged damages of $7,760

This was a direct PIP action by a medical provider and challenged on the prior dismissal (see above). Given the absence of claimant to testify, the impermissible scope of chiropractic, and the lack of documentation the day before the claimant’s doctor’s deposition, Plaintiff’s attorney called and agreed to dismiss the lawsuit.

Plaintiff alleged damages of $35,210+

This was a PIP action for alleged neck and back injuries. After Case Evaluation, we filed a Motion to amend its affirmative defenses to include fraud because the testimony did not match the physical evidence and the accident damage analysis supported this theory. The Court granted that motion and allowed our client to amend its Defenses. The case was dismissed by stipulation on June 13, 2013.

Plaintiff alleged damages of $25,000+

This was a PIP action where Plaintiff was solicited for treatment by a law firm. She failed to comply with discovery, so we filed a motion to dismiss. Plaintiff’s counsel did not respond and did not appear for the hearing, so the case was dismissed without prejudice. It is unknown what damages were alleged but it can be presumed they were over $25,000 because it was a circuit court case.

Plaintiff alleged damages of $14,850+

This was a direct PIP action by a medical provider. Using the above dismissal from Circuit Court, we argued in a Motion for Summary Disposition that plaintiff’s action was barred by the insured’s dismissal. The Court granted our motion and dismiss with prejudice.

Plaintiff alleged damages of $1905

This was a provider suit for PIP benefits allegedly provided to an insured. A motion for summary disposition was filed and granted on the basis that the provider was not licensed to provide transportation services when the services were allegedly rendered. Plaintiff’s counsel agreed to dismiss with prejudice before the hearing on this motion.

Plaintiff alleged damages of $2700

Plaintiff alleged damages of $14,850

This was a direct provider action for PIP benefits. We filed a motion for summary disposition based on another insurer being in a higher order of priority and also on Res Judicata because the Circuit Court had already granted our motion for Summary Disposition in the main PIP action. The Court granted our motion and dismissed our client with prejudice.

Plaintiff alleged damages of $4,165

Plaintiff alleged damages of $3800

Plaintiff alleged damages of $5,000

This was a direct action by a medical provider for PIP benefits. We filed a motion for summary disposition based on the owner of the van’s testimony that the van allegedly involved in the accident was not running at the time of the accident. Plaintiff’s counsel did not respond to the motion with “admissible evidence” as required by MCR 2.116(G)(4)-(5) so the Court granted our motion and dismissed the case with prejudice.

Plaintiff alleged damages of $25,000+

Prior to litigation, the insured refused to present himself for an EUO several times. His claim was denied for his failure to cooperate so he filed suit. Considering every single witness, contact, and provider, we had the case transferred to Ingham County. By the time the case got to Ingham, Plaintiff had still not sat for his deposition or responded to discovery. We filed a motion to dismiss for his repeated violation of the Court Rules and refusing to provide discovery. The case was dismissed.

Plaintiff alleged damages of $10,000

Plaintiff filed her own case in Wayne County Circuit Court and it was tried to jury verdict. A medical provider refused to join the main action and, instead, chose to file its own action in district court. We filed a motion for summary disposition arguing that res judicata and also Moody barred its claim. The Court granted the motion and dismissed the case.

Plaintiff alleged damages of $6,760.00+

This is a provider lawsuit alleging entitlement to reimbursement for transportation services provided to an insured. Plaintiff’s counsel agreed to enter a stipulated order of dismissal with prejudice on March 17, 2014 after learning from defense counsel that the Plaintiff’s lawsuit was being defended on the basis of fraud.

Plaintiff alleged damages of $7,000.00

This is a provider lawsuit alleging entitlement to reimbursement for medical services provided to an insured. We filed a motion to dismiss based on the Moody v. Homeowners Insurance (citations omitted) decision before the 19th District Court. The Court granted the motion and an order was entered dismissing this case on February 19, 2014.

Plaintiff alleged damages $10,000

This is a provider lawsuit alleging entitlement to reimbursement for medical services provided to an insured. The Plaintiff agreed to enter a stipulated order of dismissal after learning from defense counsel that the insured’s lawsuit was being defended on the basis of fraud. The stipulated order of dismissal with prejudice was entered on November 7, 2014.

Plaintiff alleged damages of $5,000

This is a provider lawsuit alleging entitlement to reimbursement for diagnostic services provided to an insured. The Plaintiff agreed to enter a stipulated order of dismissal learning from defense counsel that the insured’s lawsuit was being defended on the basis of fraud. The stipulated order of dismissal with prejudice was entered on September 16, 2014.

Plaintiff alleged damages of $20,000

This is a provider lawsuit alleging entitlement to reimbursement for services provided to an insured. The Plaintiff agreed to enter a stipulated order of dismissal after learning from defense counsel that the insured’s lawsuit was being defended on the basis of fraud. The stipulated order of dismissal with prejudice was entered on October 14, 2014.

Plaintiff alleged damages of $5,000

Plaintiff alleged damages of $25,000+

This lawsuit was filed following an alleged two (2) vehicle hit-and-run motor vehicle accident which Plaintiff claimed occurred on April 12, 2013, as he was traveling thirty (30) to thirty-five (35) miles per hour southbound on Hubble. After Plaintiff’s counsel received a copy of the Accident Damage Assessment, counsel voluntarily dismissed the case.

Plaintiff alleged damages of $15,000+

This first-party provider action was filed in 46th District Court. After the Circuit Court action was dismissed with prejudice, the district court matter was dismissed on stipulation of the parties.

Plaintiff alleged damages of $25,000+

This first-party automobile No-Fault claim arose as a result of a confirmed October 10, 2012, accident wherein then 56-year old Plaintiff fell 5’ off the back of a truck while delivering packages in the course of his employment. Our client received the lawsuit through the assigned claims facility. We successfully identified a carrier higher in priority, that is, the vehicle owner’s insurance carrier, and received a voluntary dismissal on behalf of our client.

Plaintiff alleged damages of $160,000+

This case went through extensive discovery. With respect to the attendant care and household services claims, Plaintiff required assistance before the accident, and that the nature/extent of services provided did not change after our accident. In addition, per Douglas v Allstate Ins Co, 492 Mich 241 (2012), the Plaintiff did not promise to pay and the care providers did not expect payment for the assistance provided. Finally, Plaintiff had intervening and unrelated medical hospitalizations as well as an intervening motor vehicle accident. We filed a Motion for Summary Disposition on these grounds and to terminate liability for our client. The Court agreed, and dismissed Plaintiff’s case in its entirety.

Plaintiff alleged damages of $25,000+

This was a multi-claimant provider action filed by a medical provider on behalf of five (5) individual claimants. The Court advised she would grant our Motion for Summary Disposition as the Plaintiff was “clustering” otherwise unrelated claims in an attempt to meet the circuit court’s jurisdictional limit of $25,000.00. We were successful in getting this matter voluntarily dismissed following the filing of our motion for summary disposition.

Plaintiff alleged damages of $25,000+

This first-party No-Fault claim was filed following a confirmed two-vehicle motor vehicle accident (T-bone accident) which occurred at on January 25, 2013. We were successful in having this case dismissed following the filing of our motion for summary disposition when Plaintiff failed to comply with various discovery orders.

Plaintiff alleged damages of $25,000+

This PIP claim stemmed from a November 5, 2012 confirmed accident. Plaintiff was the restrained driver of what is believed to be an uninsured cab. We were successful in having this case dismissed following the filing of our motion for summary disposition when Plaintiff failed to comply with various discovery orders and also failed to appear for her deposition.

Plaintiff alleged damages of $25,000+

This claim for first-party No-Fault benefits arose as a result of an incident which occurred during Plaintiff’s hours of employment as a truck driver. According to Plaintiff’s complaint, on February 26, 2013, as Plaintiff was exiting his motor vehicle, he slipped and fell on ice, striking his head on the front bumper and fracturing his left ankle. We obtained the surveillance footage of the incident, and the deposition of an eyewitness who confirmed that Plaintiff slipped and fell running to his vehicle, and was not in contact with his vehicle at the time he was injured. Plaintiff’s counsel voluntarily dismissed this action after being confronted with the testimony and the surveillance footage.

Plaintiff alleged damages of $50,000+

This claim for first-party No-Fault and Uninsured Motorist (UM)/Underinsured Motorist (UIM) benefits arose as a result of a confirmed August 8, 2012, motor vehicle accident. Plaintiff alleged substantial vehicle damage and resultant injuries from the accident. She was confronted during her EUO with photos taken by the other vehicle driver at the scene of the accident which directly contradicted her sworn testimony. When confronted with this obvious perjury, Plaintiff’s counsel voluntarily dismissed his lawsuit before our answer to the complaint was filed.

Plaintiff alleged damages of $6500+

This first-party provider action was filed in 46th District Court. After the Circuit Court action was dismissed with prejudice, because of the fraud and material misrepresentations by the insured, the district court matter was dismissed on stipulation of the parties.

Plaintiff alleged damages of $247,500

In this PIP action that proceeded to trial, Plaintiff claimed she was involved in a motor vehicle accident with a mail truck on or about May 20 or 24, 2011. She claimed that a postal vehicle backed up, struck her vehicle, and went up the hood of her vehicle. We defended this case on the basis that the accident did not happen. The jury agreed and a no cause of action was entered against Plaintiff.

Plaintiff alleged damages of $61,500

This was a medical provider claim for PIP benefits on behalf of an insured. Considering the fact that Plaintiff never reported any injury at the scene and the damage to the vehicle was minor, the main issue was whether the surgery to his shoulder was related to the accident and also whether he needed residential care as claimed. After several pretrial motions were granted, Plaintiff walked away without payment.

Plaintiff alleged damages of $152,500

The underlying cases of two Plaintiffs were dismissed with prejudice. Plaintiff providers attempted to proceed with their bills after the dismissal, so we filed a motion for summary disposition arguing that their claims were barred and that they could not prove their case. We received an adverse ruling from the Wayne County Circuit Court and we immediately appealed. Instead of responding to the appeal, Plaintiffs agreed to a dismissal with prejudice.

Plaintiffs alleged damages of $397,000

This was a first First-Party No-Fault and UM benefit claim sought by two plaintiffs who were allegedly involved in a hit-and-run accident. We had evidence that no such accident occurred, so we defended it on the basis that neither of the plaintiffs was involved in an accident. The case proceeded to trial. The jury agreed with us and returned a no cause of action for Plaintiffs.

Plaintiff’s alleged damages of $146,000

In this PIP action, our client was servicing the claim on behalf of the MAIPF. Another insurance company was disputing liability even though it insured someone who was (most likely) a resident relative of Plaintiff. The issue was whether Plaintiff lived with the other insurance company’s insured. In addition, there were a plethora of other insurers that we found during the discovery process. Our client was dismissed with prejudice shortly after case evaluation.

Plaintiff alleged damages of $143,000+

This PIP action was tried in Wayne County Circuit Court. The claimant driver, testified at trial that Plaintiff was not in the vehicle he struck and that he never knew of Plaintiff until Plaintiff phoned him after the accident to get Plaintiff added to the report. While the Jury felt that Plaintiff was in the car, it gave him $0 for his medical expenses because they did not believe he was injured. The jury returned a no cause of action for Plaintiff.

Plaintiff alleged damages of $100,000+

This was a third party case tried to jury verdict in Wayne County. According to the insured, he was travelling on 7 Mile Road when a vehicle stopped suddenly in front of him and he collided with the rear end. We defended this case on the basis that Plaintiff was not even involved in the accident, and therefore received no bodily injury as a result of this motor vehicle accident. The jury determined that Plaintiff did not prove that she was in the accident and did not prove that she received bodily injuries arising out of a motor vehicle accident

Plaintiff alleged damages of $250,000+

This was a combined PIP and third party claim which we defended on the basis that Plaintiff had never submitted reasonable proof of the fact and amount of loss and that it was in some respects fraudulent under MCL 500.3148(2). Multiple pretrial motions were made before the court in which Plaintiff’s counsel had little to no response: he essentially admitted that he was without medical evidence/testimony to refute the motions. Based upon this admission, a motion to dismiss was made and it was granted immediately.

Plaintiff alleged damages of $100,00+

This was a first party lawsuit seeking reimbursement for No-Fault benefits in Wayne County Circuit Court. The claim was denied by our client based upon material misrepresentations made by the Plaintiff regarding the question of the whether the alleged hit and run ever occurred. Our client obtained surveillance video that depicted the intersection where the alleged accident occurred and during the time frame the Plaintiff alleged it occurred. Prior to trial the surveillance video was disclosed to the Plaintiff with a simultaneous request that the case be dismissed. Plaintiff refused. In addition, we alleged fraud in the claim for replacement services. During Plaintiff's case in chief it was revealed during cross examination that Plaintiff lied regarding her need for replacement services. Following that evidence the Court, sua sponte, dismissed the case for fraud under the recently decided Court of Appeals decision of Bahri v. IDS Property Casualty Insurance Company. A motion for attorney fees pursuant to MCL 500.3148 is currently pending.

Plaintiff and Intervening Plaintiff’s alleged $300,000+ in damages

As the case approached the original trial date, it was discovered that Plaintiff had paid her premium within hours after the accident, reinstating her policy retroactive to 12:01 a.m. on the date of loss. A declaratory action was filed and the Court found in our client’s favor resulting in a judgment that applied to plaintiff and intervening providers.