Michael F. Schmidt And Nate Peplinski Obtain Summary Disposition In Provider Suit For No Fault Benefits On The Basis That The Provider Suit Was Barred By Misrepresentatinos Made In The Application For The Insurance Policy By The Insured Which Barred All Coverage Including For Alleged Innocent Third Parties

Omega Rehab Services, LLC v Integon National Insurance Company, 91th District Court, Omega Rehab Services filed suit against Integon National Insurance Company seeking to recover for medical treatment provided to Destiny Gaines arising out of a motor vehicle accident in which Gaines was an alleged passenger in a vehicle insured by Integon. We filed a motion for summary disposition on the basis that the policy of insurance issued by Integon for the vehicle in question had been rescinded based upon material misrepresentations made in the application for the policy and that per Bazzi v Sentinel Ins Co, ____ Mich App ____ (docket no. 320518, 2016), the so-called “innocent third party” rule was found invalid and that any claim for no fault benefits by or on behalf of Destiny Gaines including by any provider would be barred by the rescission of the policy. After reviewing our motion and brief and the plaintiff’s response brief and having heard oral argument, the trial court agreed with our argument and granted summary disposition holding that the plaintiff’s claim was barred by the rescission of the policy.