Scott J. Pawlak

03/01/2020
Scott J. Pawlak
Attorney

Scott J. Pawlak

Attorney

Scott J. Pawlak

Summary

Scott’s practice focuses on first- and third-party automobile defense, premises liability, and construction liability matters. Scott also counsels clients by providing coverage opinions and corresponding coverage position letters, encompassing claims brought under commercial general liability, homeowners, umbrella, and automobile insurance policies. Scott’s track record of obtaining successful results for clients is evidence of the zealous advocacy he brings to every case.


Credentials

Education
  • University of Detroit Mercy School of Law (J.D. 2014)
  • Central Michigan University (B.A. cum laude, 2010)
Admissions
  • State Bar of Michigan
  • U.S. District Court, Eastern District of Michigan
Professional Activities
  • Michigan Defense Trial Counsel
    •  Social Media Committee (Co-Chair)
  • Oakland County Bar Association
  • Student Bar Association
    • Social Media Committee (Chair, 2013-2014)
  • Certified Mediator
Accomplishments
  • Super Lawyers™
    • Rising Star (2018-2019)
Prominent Outcomes

Obtained summary disposition on behalf of a no-fault insurer for charges for chiropractor-referred MRIs. The Court agreed with the insurer that because Michigan’s No-Fault Act did not include MRIs within the scope of “chiropractic care” as of January 1, 2009, no-fault insurers are not required to reimburse for MRIs that have been ordered by a chiropractor. The Court further noted that because the performance or ordering of an MRI is beyond the scope of chiropractic care, there was no way that such testing could be deemed a “reasonably necessary service.” (June 2018)

Working on behalf of a no-fault insurer, obtained summary disposition of Plaintiff’s claims in Oakland County Circuit Court due to Plaintiff’s fraudulent representations in his claim for benefits. By obtaining testimony from Plaintiff and his services provider that “directly and specifically contradicted” the representations made in Plaintiff’s replacement service statements, Attorney Pawlak was able to persuade the Court that the Plaintiff had committed fraud under the policy,  without having to rely on surveillance evidence. The Plaintiff’s and his provider’s claims were dismissed with prejudice. (February 2018)

Obtained summary disposition on behalf of a no-fault insurer in a subrogation claim for damage to a motorized wheelchair. In a question of first impression in Michigan, the Court agreed with the Defendant that the wheelchair was considered a “prosthetic device” under Michigan’s No-Fault Act, and was therefore compensable as a personal injury protection benefit. Plaintiff’s subrogation claim was dismissed with prejudice. (September 2017)

Successfully obtained summary disposition on behalf of a no-fault insurer for medical expenses arising out of a motor vehicle accident. Following the accident, Plaintiff’s health insurer (through an ERISA plan) reimbursed plaintiff’s healthcare providers at a reduced amount pursuant to their provider participation agreements, whereas plaintiff sought the remaining difference. The Court held that because the providers were not entitled to pursue the differential, Plaintiff had not “incurred” those amounts and was therefore not entitled to recover the differential. For more details, click here. (August 2017)

Won summary disposition in Wayne County Circuit Court for defendant insurer in first-party No Fault case. Successfully moved for dismissal of Plaintiff’s entire claim, pursuant to the fraud exclusion of the insurance contract, based on Plaintiff’s fraudulent representations regarding his wage loss claim. More than $650,000 in first-party benefits were extinguished as a result of the decision. (2017)

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. (2017)

Won Summary Disposition in Wayne County Circuit Court, successfully obtaining rescission of a No-Fault automobile policy. The Court agreed with the defendant that the insured’s fraudulent representations in the application process were material, and the insurer was therefore entitled to rescind its policy. (2016)

Won summary disposition in Oakland County Circuit Court for defendants sued in automobile accident. Plaintiff alleged negligence against their clients, defendant driver and owner of the other vehicle involved in the accident, the Court granted summary disposition to defendants and found that as a matter of law, defendants could not be found negligent as alleged by the plaintiff in this case. The plaintiff had been a passenger in a vehicle driven by his wife. Despite plaintiff’s arguments to the contrary, the facts simply did not support any theory that Defendants were negligent in any way. As a result, the Court dismissed the case against them with prejudice. (2016)

Won summary disposition in Oakland County Circuit Court for national pet store chain sued in dog-bite case. The Court, agreeing with the defendant, found that Plaintiff’s claims failed because: 1) there was no precedent under either ordinary negligence or premises liability principles to impose a leash length requirement to protect customers from dogs owned by third parties, 2) there was no evidence that the pet store had prior knowledge of the dog’s vicious behavior, and 3) there was no evidence that the dog bite was created by the defendant’s active negligence. The Court also dismissed Plaintiff’s claims for negligent infliction of emotional distress and loss of consortium. (2015)

Publications & Speaking Engagements

Scott has presented to claims adjustment groups on issues facing insurers in district courts, and the importance of maintaining communication between claims representatives and the attorney.

Collins Einhorn Farrell PC Announces Attorney Scott Pawlak as New Partner

Collins Einhorn Farrell PC is pleased to announce that attorney Scott J. Pawlak has been elected partner in the firm. Scott is a team member in the firm’s General and Automotive Liability Practice Group. His practice focuses on first- and third-party automobile defense, premises liability, and construction liability matters. Scott also counsels clients by providing…

Twenty-Three Collins Einhorn Farrell PC Attorneys Recognized by 2020 Super Lawyers®

Collins Einhorn Farrell PC is proud to announce that 15 of its attorneys have been named to the 2020 Michigan Super Lawyers list, and an additional 8 attorneys were named to the 2020 Michigan Rising Stars list. Additionally, Melissa Graves was named to the Top 50: 2020 Women Michigan Super Lawyers list. Super Lawyers, a…

Attorney Scott Pawlak Successfully Obtains Summary Disposition on Behalf of No-Fault Insurer

Attorney Scott J. Pawlak obtained summary disposition on behalf of a no-fault insurer for charges for chiropractor-referred MRIs. The Court agreed with the insurer that, because Michigan’s No-Fault Act did not include MRIs within the scope of “chiropractic care” as of January 1, 2009, no-fault insurers are not required to reimburse for MRIs that have been ordered by a chiropractor. The Court further noted that, because the performance or ordering of an MRI is beyond the scope of chiropractic care, there was no way that such testing could be deemed a “reasonably necessary service.”

Attorney Scott Pawlak Obtains Summary Disposition on Behalf of No-Fault Insurer

Working on behalf of a no-fault insurer, attorney Scott J. Pawlak obtained summary disposition of Plaintiff’s claims in Oakland County Circuit Court due to Plaintiff’ fraudulent representations in his claim for benefits. By obtaining testimony from Plaintiff and his services provider that “directly and specifically contradicted” the representations made in Plaintiff’s replacement service statements, Attorney Pawlak was able to persuade the Court that the Plaintiff had committed fraud under the policy, without having to rely on surveillance evidence. The Plaintiff’s and his provider’s claims were dismissed with prejudice.

Attorneys Walbridge and Pawlak Obtain Summary Disposition on Behalf of No-fault Insurer in Subrogation Claim

Attorneys Patrick J. Walbridge and Scott J. Pawlak obtained summary disposition on behalf of a no-fault insurer in a subrogation claim for damage to a motorized wheelchair. The Plaintiff insurance company sought $30,000 from Defendant, based on the argument that the wheelchair was tangible property. Walbridge and Pawlak argued that the wheelchair should instead be considered a prosthetic device under the Michigan No-Fault Act, meaning that damage to it was compensable as a personal injury protection benefit. The Court engaged in a detailed analysis of this issue, which it acknowledged was one of first impression, and ultimately agreed with Defendant’s argument, dismissing Plaintiff’s claim with prejudice.

Attorneys Scott Pawlak and Brian Catrinar Obtain Summary Disposition on Behalf of No-Fault Insurer

Attorneys Scott Pawlak and Brian Catrinar obtained summary disposition on behalf of a no-fault insurer for medical expenses arising out of a motor vehicle accident. Following the accident, Plaintiff’s health insurer, Blue Cross Blue Shield (through an ERISA plan), reimbursed plaintiff’s healthcare providers at a reduced amount pursuant to their provider participation agreements. Plaintiff then sought the difference between the Blue Cross reimbursement rate and the amount billed by the providers. Defendant argued – and the Court agreed – that the providers were statutorily bound to accept the reduced payments from Blue Cross as payment in full for their services. The Court held that because the providers were not entitled to pursue the differential, Plaintiff had not “incurred” those amounts and was therefore not entitled to recover the differential.

Attorneys Moloughney and Pawlak Obtain Summary Disposition in First-Party No-Fault Case

Attorneys Kevin P. Moloughney and Scott J. Pawlak won summary disposition in Wayne County Circuit Court for defendant insurer in first-party No Fault case. Successfully moved for dismissal of Plaintiff’s entire claim, pursuant to the fraud exclusion of the insurance contract, based on Plaintiff’s fraudulent representations regarding his wage loss claim. More than $650,000 in first-party benefits were extinguished as a result of the decision.

Attorneys Pawlak and Moloughney Win Summary Disposition for Insurer in First-party No Fault Case

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.

Attorneys Pawlak and Moloughney Obtain Summary Disposition in No-Fault Automobile Claim

Attorney Scott J. Pawlak and Kevin P. Moloughney won a Summary Disposition in Wayne County Circuit Court, successfully obtaining rescission of a No-Fault Automobile Policy. The Court agreed with the defendant that the insured’s fraudulent representations in the application process were material, and the insurer was therefore entitled to rescind its policy.

Collins Einhorn Farrell PC announces the addition of attorney Scott J. Pawlak to its General and Automotive Practice Group

Collins Einhorn Farrell PC is pleased to announce that attorney Scott J. Pawlak has joined the firm’s General & Automotive Liability Practice Group. Pawlak will focus his practice on first- and third-party automobile defense, premises liability, and construction liability matters. Prior to joining Collins Einhorn, Pawlak handled cases at the State and Federal level, gaining…

Have questions or looking for further information? Contact one of our experts.