Trial Team Secures Summary Judgment in $100K Occupational Accident Benefit Claims Case


April 17, 2014

Segal McCambridge’s Insurance Defense trial team secured summary judgment in the Circuit Court for the County of Wayne, Michigan, on behalf of an insurance carrier client in an occupational accident case where plaintiff claimed entitlement to benefits in excess of $100,000. Segal McCambridge also obtained the right to recoup those benefits already paid.

The client’s insured had claimed outstanding medical bills and wage loss on its occupational accident policy. The insured also sued its no-fault carrier, and Segal McCambridge immediately filed a cross claim against the insured’s no-fault provider, alleging that it was the insurer in first priority and owed the firm’s client in excess of $100,000 for benefits already paid. Previously, there was no clear case law on point in Michigan.

Associate Eric P. Conn (Detroit) performed all discovery, took the relevant depositions, and prepared and argued the motion for summary judgment on the cross claim. He also secured a voluntary dismissal from the insured when it was evident that there were actually no outstanding benefits due from the client. Shareholder David J. Yates(Detroit) also participated on the matter.