Michael F. Schmidt Obtains Dismissal In Suit For No Fault Benefits

Michael Lee Atkins and Ashley Nicole Albritten v Integon National Insurance Company, Wayne County Circuit Court, the plaintiffs filed suit against Integon seeking recovery of no fault benefits from an alleged motor vehicle accident of 2/13/17. The plaintiffs failed to answer interrogatories and we filed a motion to compel and obtained an order to compel. The plaintiffs then failed to comply with the order to compel discovery responses. We also prepared and filed a motion for summary disposition on the basis that the policy of insurance issued by Integon was rescinded due to misrepresentations made in the application by failing to identify all potential drivers including the driver who was allegedly driving at the time of the accident who had a suspended driver’s license and also failed to disclose that one of the drivers had one or more personal injury protection claims within the last 36 months. In response to our motion to dismiss, the trial court dismissed the case with prejudice for failing to comply with the court’s discovery order.