Michael F. Schmidt Obtains Summary Disposition To Recover Payments Made To The Loss Payee/Mortgagee From The Insure
Meemic Insurance Company v Angela Jones, Wayne County Circuit Court, after obtaining summary disposition in the case of Jones v Meemic on behalf of Meemic that the homeowner policy issued by Meemic to Angela Jones was properly rescinded based upon misrepresentations in the application affirmed by the Michigan Court of Appeals, suit was then filed on behalf of Meemic against Jones to obtain recovery of $53,356.49 paid to the loss payee and $2,500 advanced to the insured. We filed a motion for summary disposition on behalf of Meemic, the defendant filed a response brief and the court held oral argument and issued a written opinion agreeing with our argument that pursuant to the policy of insurance Meemic was entitled to recover the $53,356.49 paid to the mortgagee/loss payee pursuant to the policy provision that provided that if Meemic paid the mortgagee for any loss and denied payment to the insured, Meemic would be subrogated to the extent of its payment to any rights that the mortgagee has under the mortgage on the property. In addition, Meemic was entitled to recover the $2,500 advance payment pursuant to the policy provision and agreement by the insured that if the policy or claim was determined not to be valid, the payment would be repaid by the insured to Meemic. The insured then filed a motion for rehearing which the trial court denied.