Attorney Lauren Frederick Successfully Argues Motion for Summary Disposition in First-Party No-Fault Action Case


Attorney Lauren A. Frederick successfully drafted and argued a motion for summary disposition in a provider’s first-party no-fault action. The plaintiff sued the defendant for first-party no-fault benefits for expenses allegedly incurred for treatment rendered to the underlying claimant. The plaintiff sought benefits under a no-fault policy, which was issued to the claimant’s nonresident mother. The policy, however, insured a vehicle owned solely by a nonresident cousin. The defendant filed a motion for summary disposition in lieu of an answer. The defendant relied upon the unambiguous language contained in the No-Fault Act and the policy, and argued, primarily, that it was in not in any order of priority, and there was no coverage available to the plaintiff. The plaintiff’s main arguments were that the claimant was a constructive owner with an insurable interest, and that no-fault insurance follows the vehicle, not the person. The court disagreed with the plaintiff’s arguments, finding that there was no coverage available under the defendant’s policy and, therefore, granted the defendant’s motion for summary disposition.

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