Michael F. Schmidt Obtains Dismissal Of Claim For Underinsured Motorist Benefits Based On Forum Non Conveniens
James Lauder v GMAC Insurance, Oakland County Circuit Court, claim by James Lauder for underinsured motorist benefits. We successfully obtained a dismissal based on forum non conveniens of the claim for underinsured motorists benefits. We argued that all of the contacts in the case were with Texas. The plaintiff was a Texas resident when he was involved in an auto accident in Texas involving another Texas resident. His auto liability policy including underinsured motorist benefits was issued by Home State County Mutual Insurance Company, a Texas insurer, which operates only in Texas. Following the accident, the plaintiff treated for several years in Texas. He then moved to Michigan and began treating with a doctor in Michigan about two years after the accident. The court agreed that all of the contacts were with Texas other than the plaintiff moving to Michigan two years after the accident and after filing his claim for underinsured motorist benefits. The court dismissed the case based on forum non conveniens.