There Is a Difference: No-Fault Insured Claim vs. Statutory Claim
No-Fault Newsline 01/02/2018

In Farrell v Farm Bureau Insurance (Unpublished, November 28, 2017, Docket No. 335979), the Michigan Court of Appeals highlighted the difference between a named insured’s claim for no‑fault benefits and a claim made pursuant to statute. The Michigan Court of Appeals concluded that no-fault claims made pursuant to statute are not governed or controlled by any contractual agreement and, therefore, Bahri v IDS Property Cas. Ins. Co., 308 Mich App 420 (2014) does not set forth the appropriate standard for determining if a claim should be barred for fraud or material misrepresentation.

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Secrest Wardle Executive Partner, Sarah L. Walburn, Authors Chapter in ICLE Damages Handbook
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