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JASON MATHERS AND MERIAM CHOULAGH OBTAIN SUMMARY DISPOSITION IN PROVIDER SUIT BASED ON FRAUDULENT ASSIGNMENT OF RIGHTS FORM

Plaintiff/provider filed suit for recovery of expenses incurred for medical services provided to underlying insured based upon assignment of rights forms allegedly signed by the insured.  Through discovery, it was revealed that Livonia Care represented that the insured signed the assignments when, in fact, the signatures on the assignments were forged.  We filed a motion for summary disposition arguing that  Livonia Care’s  claims against Amerisure Insurance Company must be dismissed because the assignments were fraudulently procured and not authorized by the insured.  The Court agreed and dismissed Plaintiff’s complaint with prejudice. Livonia Care Pharmacy, Inc v Amerisure Insurance Company, 19th District Court