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Michael F. Schmidt Obtains Summary Disposition In Provider Suit Based On Misrepresentation In The Application

Mendelson Orthopedics, Inc. v National General Insurance Company, 37th District Court, claim by the plaintiff/provider, Mendelson Orthopedics, to recover for alleged services provided to Litha Mallett who claimed she was injured in an auto accident while a passenger in a vehicle insured by Integon. We filed a motion for summary disposition on the basis that the Integon policy was rescinded based on misrepresentations made in the application. Specifically, the vehicle owner had a suspended license and transferred the title to her niece so the niece could apply for the policy for the unlicensed aunt to drive. We argued that this was a misrepresentation in the application by failing to list the drivers which would have included the unlicensed aunt and also failed to provide the unlicensed aunt’s garaging address. The court agreed with our argument, granted our motion for summary disposition and held that the rescission of the policy was valid.