Michael F. Schmidt Obtains Summary Disposition In Provider Suit After Court Struck Settlement On The Basis That There Was No Meeting Of The Minds

Precise MRI v Integon National Insurance Company, 43rd District Court. Plaintiff filed suit seeking to recover alleged medical expenses incurred for MRIs for claimant Dominque White. The plaintiff first filed a motion to enforce an alleged settlement. We opposed the motion on the basis that there was no meeting of the minds and that the plaintiff’s complaint alleged injuries incurred in a prior accident, and that it was discovered following the alleged settlement that the claim in the current case was for a subsequent accident for which there was no insurance coverage. The court agreed that there was no meeting of the minds and thus no settlement. We then filed a motion for summary disposition on the basis that the claim was barred because the policy of insurance under which the claim was made had been rescinded because of material misrepresentations in the application. The plaintiff filed a response brief. After hearing oral argument, the trial court granted our motion finding that the policy had been rescinded based upon material misrepresentations made in the application and that there was no coverage available.