Court Grants Motion for Summary Disposition on the Basis of Equitable Considerations – Led by MBL Senior Attorney Jenna McKenna
September 11, 2025
We’re pleased to share another strong result for an MBL insurance client following the Court granting a Motion for Summary Disposition, led by Senior Attorney Jenna McKenna.
The Court agreed that equitable considerations weighed in favor of dismissal, emphasizing that Plaintiff could and should have performed due diligence to confirm valid insurance coverage before providing treatment. Conversely, the Court recognized that there was nothing further Defendant could have done in the way of diligence. The Court found the policy void under its plain terms and consistent with MCL 500.3009(2).
The MBL legal team’s argument centered on the material misrepresentations made during the application process. The insured failed to disclose his son as a household driver despite being asked multiple times. He explicitly denied his son drove and signed the application confirming this. Given the son’s prior driving convictions, this omission was critical—it directly affected our client’s ability to underwrite the risk, set proper premiums, and even determine whether coverage should be issued at all.
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