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Attorneys Kerry Lynn Rhoads and Thomas Lurie achieved summary disposition for a No-Fault insurer in multiple medical provider lawsuits filed in Dearborn, Michigan.
Kerry and Thomas used the obligations imposed under the Michigan No-Fault Act and the claimant’s insurance policy requiring the claimant to cooperate, attend an independent medical examination and provide basic information in order to adjust a claim.
The two sought to aggressively dismiss the medical providers’ lawsuits by highlighting the claimant’s failure to respond to multiple letters and his failure to appear at independent medical examinations. Notably, the claimant had indicated a potential resident-relative who may have had automobile insurance; however, the claimant never produced an affidavit of no insurance, an application for benefits or the most basic information requested by No-Fault insurers.
The Court found that the claimant’s failure to attend the duly noticed examinations and failure to complete both an application for benefits and an affidavit of no insurance “despite every reasonable request and effort by the defendant to secure is cooperation” was dispositive.
This decision resulted in the simultaneous dismissal of two medical provider cases and reinforced the requirement of claimants to comply with conditions precedent of automobile insurance policies.