MBL is pleased to announce two successful Motions for Summary Disposition for Associate Emma Callihan for MBL insurance clients.
In the first, Callihan argued in the 48th District Court that there was no proof that Plaintiff medical provider’s bills were incurred. There was no proof of delivery and the underlying claimant failed to appear for four noticed depositions. Judge Small agreed there was no proof that the bills were incurred and dismissed over $9,600 in bills.
In a separate matter, Plaintiff applied for benefits through the MACP and sought $250,000 from the assigned insurer. However, an investigation revealed that Plaintiff was the constructive owner of the involved vehicle and failed to maintain the statutorily required PIP benefits for said vehicle. The Court agreed that Plaintiff’s routine use, maintenance, and possession of the involved vehicle rendered him a constructive owner. Since Plaintiff failed to maintain auto insurance, he was statutorily barred from recovering from the assigned insurer and the Judge granted MBL’s Motion for Summary Disposition which fully dismissed claims.
Dated: February 26, 2025