Michael F. Schmidt And Nate Peplinski Obtain Summary Disposition In Provider Suit

Summit Physicians Group, et al v Integon National Insurance Company, 15th District Court, Summit Physicians Group, et al filed a provider suit against Integon seeking recovery for medical treatment provided to Jonathan Lamb arising out of a motor vehicle accident in which Lamb was an alleged passenger in a vehicle insured by an Integon policy. 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summary disposition on the basis that the policy of insurance issued by Integon for the vehicle in question had been rescinded based upon material misrepresentations in the application and that per Bazzi v Sentinel Ins. Co., 315 Mich App 763 (2016), the so-called “innocent third party” rule was found invalid, and that any claim for no fault benefits by and behalf of Jonathan Lamb including by the plaintiff would be barred by the rescission of the policy. After reviewing our motion and brief, the response brief and our reply brief and having heard oral argument, the trial court agreed with our argument and granted summary disposition holding that the provider’s claims were barred by the rescission of the policy.