First Party Auto/PIP

Court/Case No: Michigan Court of Appeals, No. 314063

Tried/Argued Before: Judge

Demand: $100,000

Verdict: $0 - summary disposition affirmed on appeal

Name of Judge(s): Hon. Pat M. Donofrio, Deborah A. Servitto and Elizabeth L. Gleicher

Keys to the Case:

A diligent inquiry into whether Progressive had priority under MCL 500.3114(3) initially prompted Plaintiff to voluntarily dismiss Progressive with prejudice.  However, Plaintiff later attempted to bring Progressive back into the case via an amended complaint.  When Progressive moved for summary disposition of the amended complaint, based on the prior stipulation to dismiss, Plaintiff advanced a complicated legal argument for setting aside the stipulation.  Through thorough legal research and writing, defense counsel persuaded the trial court to enforce the stipulation and dismiss Progressive from the case for good.  When Plaintiff appealed, defense counsel was able to persuade the Court of Appeals to summarily affirm without oral argument, the Court of Appeals finding that “the question to be reviewed is so unsubstantial as to need no argument or formal submission.”

Defense SW attorney(s) Involved in Case: