Mike Guss Obtains Summary Disposition On Medical Provider Claim; Procare Injury & Rehab Centers, Llc, (For Sher-Ron Lusane) -V- Titan Insurance Company, Royal Oak District Court
Procare Injury and Rehab Centers filed a lawsuit against Titan Insurance Company alleging entitlement to No-Fault provider expense benefits arising out of Procare’s alleged treatment to Sher-Ron Lusane who was allegedly involved in a motor vehicle collision. After Mr. and Mrs. Lusane’s EUO, we filed a motion for summary disposition against Procare arguing that Mr. Lusane was the “owner” of an “uninsured motor vehicle” and is excluded from No-fault benefits pursuant to MCL 500.3113(b). Because the underlying injured party is excluded from coverage and barred from bringing a cause of action, Mr. Lusane’s medical service provider, Procare, who stands in the shoes of the injured party, is also excluded from coverage. The trial court agreed with us and granted summary disposition as to all claims by the plaintiff against defendant Titan Insurance Company.