McDonald Baas & Livingston, PLLC (MBL) is proud to announce two significant back-to back wins for insurance clients this week through successful motions for summary disposition involving fraudulent insurance acts under MCL 500.3173a. The MBL insurance defense team was led by Executive Partner Janetta Ksar, Partner Spencer Chauncey, and Associate Rayan Harajli.

In one case, MBL’s strategic legal approach led to the dismissal with prejudice of two claims exceeding $250,000 in medical expenses, attendant care, and replacement services. The Plaintiff was involved in two motor vehicle accidents, brought forth two different claims, and made numerous fraudulent misrepresentations regarding pre- and post-accident treatment, pre-existing conditions, and residency status. Despite the opposing counsel’s attempt to argue that the Plaintiff suffered from a traumatic brain injury (TBI) that impaired Plaintiff’s memory, MBL’s team argued that the mere assertion of a TBI without ample supporting medical documentation was insufficient to defeat the summary disposition motion. Thanks to MBL’s thorough investigation, the win included the dismissal of two claims, not one.

In the second case, MBL successfully defeated a repeat Plaintiff in a second lawsuit, involving an alleged pedestrian vs. motor vehicle accident. The Plaintiff had a history of claims, and MBL lawyers secured a dismissal with prejudice in the first lawsuit as well. The Plaintiff in the second lawsuit failed to identify key medical providers despite claiming extensive post-accident treatment; withheld a critical witness who was captured on police bodycam footage at the scene making statements contradicting the Plaintiff’s claims; and alleged a need for ongoing attendant care and household services benefits. Yet, Plaintiff was captured on surveillance just a month before his deposition carrying a large box on his shoulder and crawling under a car for maintenance.