First Party No-Fault

Court/Case No: Macomb County Circuit Court/2017-000961-NI

Tried/Argued Before: Judge

Demand: $100,000.00

Verdict: $0 – Motion for Summary Disposition granted

Name of Judge(s): Honorable Edward Servitto

Keys to the Case:

On January 29, 2018, Judge Edward Servitto of Macomb County Circuit Court granted Defendant, Frankenmuth’s motion for summary disposition pursuant to MCR 2.119(C)(10) and Bahri v IDS Prop Cas Ins Co, 308 Mich App 420; 864 NW2d 609 (2014).

By way of background, as part of his first party no-fault claim, Plaintiff and Frankenmuth insured, Marvin Saqaah, submitted claims for replacement services and attendant care beginning in March of 2016, through the date of the hearing. Plaintiff alleged that he required the aforementioned assistance due to the alleged injuries to his back, shoulder and neck. Specifically, Plaintiff testified that he could not perform the aforementioned services as his pain prevented him from lifting anything. He elaborated that he cannot even lift a laundry basket!

However, Judge Servitto found that each of Plaintiff’s sworn statements were directly contradicted by surveillance footage taken during 2016. Such surveillance footage revealed Plaintiff utilizing dumbbells (50 pounds per arm) to perform a bench press exercise at Planet Fitness. Notably, on the same dates the surveillance was taken, Plaintiff submitted replacement services forms to Frankenmuth alleging that he required assistance with household chores. Judge Servitto found this case almost identical to Bahri, given the direct contradiction between Plaintiff’s claimed limitations and his physical capabilities revealed by surveillance. As such, it was determined that these findings violated Frankenmuth’s fraud provision of Plaintiff’s policy and granted Defendant Frankenmuth’s motion for summary disposition.

Defense SW attorney(s) Involved in Case: Justin A. Grimske

Result Date: 01/29/2018
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