Lauren A. Frederick

02/25/2020
Lauren A. Frederick
Attorney

Lauren A. Frederick

Attorney

Lauren A. Frederick

Summary

Lauren focuses her practice in the areas of general liability, insurance coverage, and No-Fault claims. Lauren represents insurers, corporations, and individuals in a broad spectrum of general liability defense matters, including defending first- and third-party automobile and premises liability cases. Lauren has extensive experience handling cases from the discovery phase through trial and has prepared and successfully argued countless motions for summary disposition. She also has vast experience in handling catastrophic no-fault claims, as well as pre-litigation issues, including fraud investigation, drafting coverage opinions, and conducting examinations under oath. Before joining Collins Einhorn, Lauren also handled asbestos and toxic tort cases.


Credentials

Education
  • Thomas M. Cooley Law School (J.D. cum laude, 2011)
  • University of Tampa (B.S. 2007)
Admissions
  • State Bar of Michigan
  • U.S. District Court, Eastern District of Michigan
Professional Activities
  • State Bar of Michigan
    • Litigation Section
    • Insurance Section
  • Defense Research Institute
  • Michigan Defense Trial Counsel
  • Oakland County Bar Association
  • Oakland County Bar Foundation (Fellow)
Accomplishments
  • Best Lawyers of America®
    • Insurance Law (2021)
  • Recognized as Michigan Lawyers Weekly 2018 Up & Coming Lawyer
  • Successfully completed MIIASIU’s Annual Training Seminar on Fake Claims – Real Investigations (2017)
Prominent Outcomes

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. (September, 2019)

Obtained verdict of no cause of action in a medical provider’s lawsuit for first-party no-fault benefits. The provider claimed that the claimant sustained a brain injury as a result of a motor vehicle accident, which caused an eye condition – “vertical heterophoria.” The provider prescribed fractional prismatic lenses to correct her claimed condition. The defendant insurance company disputed causation, as well as the reasonableness, necessity, and efficaciousness of the at-issue treatment . After a 3-day trial, the jury found that the provider’s treatment was not reasonable or necessary. (July 2018)

Won summary disposition of a $641,361.09 claim for no-fault benefits, based on the statutory “intentional act” defense of MCL 500.3105(4). The Court found that the plaintiff’s intent to kill himself was so evident that not even his blood-alcohol level or testimony from his psychiatry expert regarding his impaired cognitive functioning could defeat summary disposition. (May 2018)

Successfully obtained a defense verdict in a first-party no-fault case. After a seven-day jury trial, the jury returned a unanimous verdict of no cause for action, finding that the plaintiff’s claim of accidental bodily injury did not rise out of the automobile accident at issue. This case involved a catastrophic no-fault claim and presented unusual and complex medical and causation issues. (Jan 2018)

Successfully obtained summary disposition on behalf of an automotive insurance company in a no-fault case filed by medical providers. The case was dismissed on res judicata grounds, as the medical providers filed the same case previously, which was dismissed with prejudice for discovery violations. The judge also awarded the auto insurer sanctions. (Dec 2017)

Successfully obtained summary disposition in novel no-fault priority dispute between the plaintiff’s personal auto insurer and the insurer of a city-sponsored transportation van. (Oct 2017)

Obtained summary disposition in a no-fault medical-provider case, based upon fraud in the application for insurance and res judicata. Subsequently, several other related lawsuits were also dismissed, on the bases of res judicata and collateral estoppel. (Sept 2017)

Successfully obtained summary disposition in no-fault case due to the plaintiffs’ (medical providers) persistent discovery violations. (Mar 2017)

Successfully obtained summary disposition in lawsuit seeking no-fault and uninsured motorist benefits, due to the plaintiff’s failure to properly prosecute his case and comply with discovery. (Feb 2017)

Successfully obtained summary disposition in a first-party no-fault case on the first day of trial. The defendant’s motion was based on fraud in the application for insurance and res judicata. In lieu of trial, the judge granted the defendant’s motion and dismissed the medical provider’s case with prejudice. (Jan 2017)

Won motion for summary disposition in a first-party no-fault case after judge found that the insured committed fraud in the application for insurance, and therefore, there was no coverage under the policy; the plaintiff’s complaint was dismissed with prejudice. (Jan 2017)

Successfully argued motion for summary disposition in no-fault case, where judge agreed with the defendant-insurer that the alleged injured party unlawfully took the vehicle she was operating on the date of loss; therefore, she (and her providers) were excluded from collecting PIP benefits from the defendant-insurer. (Oct 2016)

Successfully drafted and argued a motion for summary disposition in a case involving a complicated no-fault coverage issue. 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 for payment of the claimant’s PIP benefits. (2016)

Successfully drafted and argued a motion for summary disposition in a first-party no-fault subrogation action. The judge agreed that the plaintiff did not comply with the one-year notice requirement set forth in the No-Fault Act. (2016)

Obtained a jury verdict of no cause for action in a third-party auto negligence case. At trial, the plaintiff was not able to meet his burden, and the defendant was able to prove that her vehicle was stolen on the date of the accident; therefore, the defendant could not be found liable under the Owner’s Liability Statute. (2014)

Assisted in obtaining a defense verdict after a 10-day trial involving a unique toxic tort matter. The plaintiffs’ claimed that they suffered injuries as a result of a fire restoration contractor’s use of an ozone-generating machine to remove smoke odors from their home. The jurors found no negligence and no breach of contract, including any breach of the standards applicable to a fire restoration contractor’s use of an ozone generator. (2012)

Publications & Speaking Engagements

Co-Author, “Are Your Social Media Profiles Discoverable?” Claims Magazine, June 2017.

Lauren has given several presentations to claims adjustment groups on issues facing insurers in district courts, the importance of maintaining communication between claims representatives and the attorney, and issues with litigating catastrophic claims.

Lauren A. Frederick and Benjamin A. Demsky Obtain Defense Verdict in First-Party No-Fault Case

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…

Attorneys Dysarz and Frederick Win Summary Disposition for No-Fault Insurer Based on Statutory “Intentional Act” Defense

Attorneys MaryRachel Dysarz and Lauren Frederick obtained summary disposition of a $641,361.09 claim for no-fault benefits, based on the statutory “intentional act” defense of MCL 500.3105(4). The Court found that the plaintiff’s intent to kill himself was so evident that not even his blood-alcohol level or testimony from his psychiatry expert regarding his impaired cognitive functioning could defeat summary disposition. For full details, click the headline.

Attorneys Lauren Frederick and Brian Catrinar Obtain No Cause of Action Verdict in First-Party No-Fault Case

Attorneys Lauren Frederick and Brian Catrinar, both members of Collins Einhorn’s General and Automotive Liability Group, recently obtained a defense verdict in a Wayne County first-party no-fault case. After a seven-day jury trial, the jury returned a verdict of no cause of action, finding that plaintiff’s claim of accidental bodily injuries did not arise out of the automobile accident at issue. To learn more, click on the headline.

Attorneys Frederick and Dickey Successfully Obtain Summary Disposition in Automotive No-Fault Case

Attorneys Lauren A. Frederick and Ashley S. Dickey were granted Motion for Summary Disposition on behalf of their client, an automotive insurance company, in a no-fault case filed by medical providers. Judge Allen of the Third Judicial Circuit Court dismissed the case based upon res judicata, since the medical providers filed the same case previously, which was dismissed with prejudice for discovery violations. Judge Allen also awarded the auto insurer sanctions.

Attorneys Lauren Frederick and Brian Catrinar Successfully Obtain Summary Disposition in No-fault Priority Dispute

Attorneys Lauren A. Frederick and Brian A. Catrinar successfully obtained summary disposition in no-fault priority dispute between the plaintiff’s personal auto insurer and the insurer of a city-sponsored transportation van. At issue was whether the van at issue was being operated in the business transporting passengers pursuant to MCL 500.3114(2). Also at issue was the novel priority issue of whether the van fit the definition of a “bus” under the no-fault act, thereby triggering an exception to MCL 500.3114(2). Using the “primary purpose/incidental nature test,” Judge Chabot of the Oakland County Circuit Court held that the city-sponsored transportation van was being operated in the business of transporting passengers at the time of the accident, and that it did not qualify as a bus to trigger any of the exceptions set forth in MCL 500.3114(2). Therefore, the insurer for the city-sponsored van was first in the order of priority for payment of the plaintiff’s no-fault benefits.

Attorneys Frederick and Mannino Obtain Summary Disposition in No-Fault Case

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 Frederick and Mannino Obtain Summary Disposition in Lawsuit Seeking No-Fault and Uninsured Motorist Benefits

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 Frederick and Catrinar Successfully Argue Motion for Summary Disposition Against Medical Providers

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.

Attorney Lauren A. Frederick Wins Summary Disposition on First Day of Trial

In a first-party no-fault case, the defendant, represented by attorney Lauren A. Frederick, appeared for the first day of trial against a medical provider. Before trial began, the defendant argued a motion for summary disposition based on fraud in the application for insurance and res judicata. In lieu of trial, the judge granted the defendant’s motion for summary disposition and dismissed the provider’s case with prejudice.

Attorneys Frederick and Gaines Successfully Argue Motion for Summary Disposition in No-Fault PIP Case

Attorneys Lauren A. Frederick and Robbie J. Gaines successfully obtained Motion for Summary Disposition in no-fault PIP case, where judge agreed with the defendant-insurer that the alleged injured party unlawfully took the vehicle she was operating on the date of loss; therefore, she (and her providers) were excluded from collecting PIP benefits from the defendant-insurer. The case was argued in 44th District Court before Judge Derek Meinecke. (Oct 2016)

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.

Attorney Lauren A. Frederick Obtains Summary Disposition in First-Party No-Fault Subrogation Action

Attorney Lauren A. Frederick successfully drafted and argued a motion for summary disposition in a first-party no-fault subrogation action. The plaintiff sued the defendant to recoup first-party no-fault benefits paid on behalf of the plaintiff’s subrogor, as the plaintiff claimed that the defendant was in a higher order of priority for payment of PIP benefits. After the case had been pending for over a year, the judge allowed the plaintiff-insurer to add an additional defendant-insurer as a “necessary party.” Though, the additional defendant-insurer never had notice of the accident. After the defendant-insurer filed a motion for summary disposition in lieu of an answer based upon the one-year notice requirement set forth in the No-Fault Act, the judge held that the court improperly joined the additional defendant-insurer to the action, and that the plaintiff-insurer failed to give the requisite notice. The plaintiff’s case was dismissed with prejudice.

Attorney Lauren A. Frederick joins Collins Einhorn Farrell PC’s Insurance Coverage Practice Group

Collins Einhorn Farrell PC is pleased to announce that attorney Lauren A. Frederick has joined the firm’s Insurance Coverage Practice Group. Ms. Frederick will focus her practice primarily on coverage litigation and first- and third- party automobile litigation, handling litigation from the discovery phase through trial. Ms. Frederick has extensive experience in first- and third-party…

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