Benjamin focuses his practice in the areas of general liability, insurance coverage, and no-fault claims. Before joining Collins Einhorn, he was a plaintiff’s attorney handling no-fault and toxic tort cases, as well as appeals. Benjamin has achieved successful outcomes for his clients before trial courts throughout Michigan, as well as before the Michigan Court of Appeals.
Obtained a favorable jury-trial verdict in a first-party no-fault case. The plaintiff was injured while operating an uninsured motorcycle he had purchased on the same day of the accident. Though the title to the motorcycle never officially transferred into the plaintiff’s name, the plaintiff still possessed the motorcycle almost 2 years after the accident and had made some changes and repairs to it. He also intended to title, register, and insure it. The jury agreed with the defendant-insurer that the plaintiff had proprietary and possessory usage of the motorcycle; he had the right to use the motorcycle for over 30 days; and, as an owner, he was required to insure it. Therefore, the plaintiff was excluded from receiving no-fault benefits under MCL 500.3113. Morlan v Auto-Owners Ins Co, Case No. 18-690-NF, Washtenaw County Circuit Court, September 2019.
First National Rehab Inc v Liberty Mut Ins Co, unpublished opinion of the Michigan Court of Appeals, issued October 19, 2018 (Docket No. 344097): Obtained peremptory reversal of summary disposition to a no-fault insurer where the trial court upheld the validity of an anti-assignment clause in the insurance policy, denied the medical provider’s motion for leave to amend, and dismissed the medical provider’s no-fault claim with prejudice.
Abraham v Farmers Ins Exch & US Disaster Services, LLC, unpublished opinion of the Michigan Court of Appeals, issued August 21, 2018 (Docket No. 335353): Obtained opinion reversing summary disposition to a mitigation company where the trial court upheld the validity of a release and found no duty of care was owed to the plaintiff.
Lauren A. Frederick and Benjamin A. Demsky obtain a favorable jury-trial verdict in a first-party no-fault case in the Washtenaw County Circuit Court, the Honorable Carol Kuhnke presiding. The plaintiff was seeking over $375,000 in no-fault benefits, interest, and attorneys’ fees. The plaintiff was injured while operating an uninsured motorcycle he had purchased on the…