Attorney Matthew J. Zmijewski prevailed in his pursuit of Summary Disposition in favor of his client, a national insurance carrier. The plaintiff, seeking recovery of PIP Benefits under the Michigan No-Fault Act, submitted more than a dozen affidavits in support of her alleged physical disabilities and need/receipt of household assistance and personal nursing care. She later provided deposition testimony in furtherance of her allegations, contending the extent of her bodily injuries disabled her from activities such as driving, grocery shopping or styling her hair. Zmijewski petitioned the Macomb County Circuit Court to apply the “fraud exclusion” provision of his client’s insurance policy to preclude coverage entirely, highlighting direct and specific contradictions between the plaintiff’s affidavits and deposition testimony with surveillance footage depicting the plaintiff performing activities inconsistent with her claimed limitations – driving, grocery shopping and working as a hair stylist. The Court agreed and authored a written Opinion and Order applying the “fraud exclusion” provision and dismissing the plaintiff’s claims with prejudice. Zmijewski parlayed the favorable outcome, having sought the same relief with the Wayne County Circuit Court in a separate lawsuit filed by one of the plaintiff’s medical/service providers. The extra effort paid off as Zmijewski obtained dismissal of the medical/service provider’s claims against his client, which alone totaled more than $50,000.00.

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