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Kevin P. Moloughney has been named a 2017 Leader in the Law by Michigan Lawyers Weekly. Moloughney is known not only for his knowledge of the law, but also his commitment to pursuing his clients’ positions with vigor, and professionalism. He is one of 30 distinguished lawyers who were chosen to receive this prestigious award. A shareholder at Collins Einhorn, Moloughney has successfully defended personal injury and property damage claims for over two decades, including those involving first- and third-party automobile claims, product liability, premises liability, construction site liability, professional liability, fire loss, construction defect and consumer law claims. He also maintains an active practice litigating insurance coverage disputes.

Attorneys Deborah A. Lujan and Kari L. Melkonian won summary disposition in favor of a tenant and property owner in a premises liability action arising out of a slip and fall in a commercial parking lot. The Court dismissed plaintiff’s complaint against the tenant finding that the cause of the fall was completely speculative and that the tenant lacked notice of any potential hazard. The claim against the property owner was dismissed because it did not have possession and control of the premises.

Attorney Brian D. Einhorn represented an attorney who obtained a multi-million dollar settlement in a product-liability action. Another law firm claimed that it contributed to the settlement and demanded a $550,000 share of the attorney’s $1.8 million fee. Mr. Einhorn defended the attorney against the law firm’s claim. The law firm was ultimately awarded less than a quarter of its demand.

Collins Einhorn Farrell PC is pleased to announce that attorney Ashley S. Dickey has joined the firm’s General and Automotive Liability Practice Group, where she focuses on first- and third-party automobile defense, premises liability actions and construction liability matters. Ms. Dickey has experience in defending personal injury and general liability matters, and has represented insurers, corporations, and individuals in the areas of subrogation, insurance coverage, probate, motor vehicle, premises liability, construction, property, and employment.

Attorneys Lauren A. Frederick and Andrea M. Mannino successfully obtained summary disposition in Dawan “Winner” Mate v Home-Owners Insurance Company. Judge Curtis of Wayne County Circuit Court granted the defendant’s motion for summary disposition based on plaintiff’s failure to timely respond to request for admissions and dismissed the case with prejudice.

Attorneys Lauren A. Frederick and Andrea M. Mannino successfully obtained summary disposition in a lawsuit seeking no-fault and uninsured motorist benefits (Raven Johnson v Home-Owners Insurance Company). Judge David Groner of Wayne County Circuit Court granted the defendant-insurer’s motion to dismiss plaintiff’s complaint for no-fault and uninsured motorist benefits, due to plaintiff’s violation of a court order and failure to participate in discovery.

Attorneys Lauren A. Frederick and Brian A. Catrinar successfully argued motion for summary disposition against medical provider (Medical Rehabilitation Physicians, Comprehensive Rx and Infiniti Labs [Reed] v Auto-Owners Insurance Company). Medical providers filed suit against a defendant-insurer in Macomb County Circuit Court for breach of contract, civil conspiracy, silent fraud and conversion, claiming that the defendant-insurer wrongfully included the providers’ bills in a settlement in an underlying action involving the alleged injured party. The defendant-insurer filed a motion for summary disposition in lieu of an answer arguing that the bills were barred by the one-year-back rule and res judicata, and that the tort claims were nothing more than disguised claims for no-fault benefits. Judge Jennifer Faunce agreed with the defendant-insurer’s arguments in totality and dismissed the providers’ case with prejudice.

Attorneys Kevin P. Moloughney and Charles W. Wojno won a summary disposition in a Genesee County Circuit Court in first-party no-fault benefit case. Plaintiff claimed benefits arising out of a motor vehicle accident, including medical expenses, lost wages, and household services. Plaintiff was employed as a chiropractor at his wife’s chiropractor business, and treated with his wife following the accident. The documentation submitted by Plaintiff in support of his claims exposed fraud in his claim for lost wages and household services. A motion for summary disposition was filed on behalf of the insurer arguing plaintiff’s claims were fraudulent under the Michigan Court of Appeals case Bahri v IDS Property Casualty Insurance Co., 308 Mich App 420 (2014) The Court agreed and dismissed Plaintiff’s claims.

Attorneys Timothy F. Casey and Amy L. Felder obtained summary disposition in Allegan County Circuit Court for insurance agent and agency in lawsuit brought by insured alleging bad faith, negligence, misrepresentation and intentional or negligent infliction of emotional distress. The Court found that no “special relationship” was present that would require the agent or the agency to advise the insured about the adequacy of coverage, relying on the holding in Harts v. Farmers Insurance Exchange. Further, because neither the agent nor the agency had any duties in connection with the claim handling activities for the insurance policy at issue, they could not be held liable for the insured’s remaining claims. Summary disposition was granted and both the agent and the agency were dismissed from the lawsuit.

Attorneys Scott J. Pawlak and Kevin P. Moloughney won summary disposition in Wayne County Circuit Court for insurer in first-party No Fault case. The Court agreed with defendant insurer that a Plaintiff daughter’s claim under her mother’s automobile insurance policy that had been previously rescinded was barred by the collateral estoppel and collateral attack doctrines. The Court further found that there was no factual development that could result in PIP coverage under the policy, and Plaintiff’s claims were therefore dismissed with prejudice.