Michael F. Schmidt Obtains Summary Disposition As To Claim For No Fault Benefits Arising From A Motor Vehicle Accident On The Basis That There Was No Proof That The Plaintiff Had A Policy Of Insurance Issued By Defendant
Marco Morones v Nationwide Mutual Insurance Company and Vincent Harden & Associates, LLC, Wayne County Circuit Court, claim by the plaintiff for no fault benefits arising from a motor vehicle accident. After discovery we filed a motion for summary disposition on the basis that the plaintiff had no proof that he had a policy of insurance issued by either defendant. The plaintiff was operating a 1998 Ford Contour at the time of the accident and presented a certificate of insurance for a 1994 Ford station wagon. We proved that the certificate of insurance for the 1994 Ford station wagon was counterfeit and fraudulent and contained a policy number for a policy issued to different individuals which had been used by at least 35 others to submit fraudulent insurance claims. More importantly, we argued that the fraudulent certificate offered no support for the plaintiff because it did not even apply to the vehicle he was driving at the time of the accident for which he also had no insurance. We filed a motion for summary disposition supported by all of the documentation and evidence, and the trial court granted summary disposition as to any and all claims made by the plaintiff.