Michael F. Schmidt Obtains Summary Disposition For Titan Insurance On Claim Based On Alleged Certificate Of Insurance
Crawley David McFadden v Titan Insurance Company, Wayne County Circuit Court and Michigan Court of Appeals docket number 316012 (2013), claim by McFadden against Titan Insurance Company pursuant to an alleged certificate of insurance claimed to be issued to McFadden. We responded with a motion for summary disposition on the basis that the certificate of insurance had not been issued by Titan Insurance or any recognized agent of Titan Insurance and that there was no proof or evidence that connected the document to Titan Insurance or that Titan Insurance ever received any consideration for the document. The trial court granted summary disposition in favor of Titan Insurance as to any and all claims made by the plaintiff and granted summary disposition in favor of Titan Insurance on its counterclaim for abuse of process and awarded sanctions against McFadden. The trial court also denied McFadden’s motion for reconsideration. McFadden appealed to the Michigan Court of Appeals which denied his appeal for lack of merit and then denied McFadden’s motion for reconsideration.