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Mike Guss Obtains Summary Disposition For Titan Insurance Company In First-Party No-Fault Suit Seeking Benefits For An “Innocent Third-Party”; Rita Foster, Et. Al. -V- Titan Insurance Company, Et. Al., Genesee County Circuit Court

In October 2015, Plaintiff, Rita Foster, brought suit against Titan Insurance Company and the Michigan Automobile Insurance Placement Facility, stemming from an automobile collision that occurred on September 5, 2014. Plaintiff sought PIP coverage under an insurance policy that was written issued to Vincent Millender. However, through discovery, it was […]

Mike Guss Obtains Summary Disposition For Hurley Medical Center In Slip And Fall; Marva Williams -V- Hurley Medical Center, Genesee County Circuit Court

Plaintiff brought suit against Hurley Medical Center stemming from a fall that occurred on Hurley’s premises. As Plaintiff entered the main lobby entrance, due to the weather conditions outside, she shuffled her feet on a rubber backed carpet runner in an effort to dry the soles of her shoes. As she shuffled […]

Michael F. Schmidt And Nate Peplinski Obtained Summary Disposition On A Claim For Injury At A Gymnastics Class

In Holly Leshinsky v Livonia Ultimate Gymnasticz, plaintiff sued in Wayne County Circuit Court for injuries incurred when she fell from a spotting block which was part of an obstacle course set up for a parkour class as part of family day activities at the defendant’s premises. After discovery, we filed […]

Michael F. Schmidt And Nate Peplinski Obtained Summary Disposition On First Party Property Loss Insurance Claim

Monica Ayala v Meemic Insurance Company, plaintiff sought reimbursement for damage to her home from water and sewage. After discovery including the deposition of the plaintiff, we filed a motion for summary disposition on the basis that coverage was excluded based on the plaintiff’s testimony and an affidavit from the […]

Michael F. Schmidt And Nate Peplinski Obtain Summary Disposition On Appeal Against Claim For Reimbursement Of Over $850,000 In No Fault Benefits Paid

Auto Owners Insurance Company v Integon National Insurance Company, Michigan Court of Appeals docket number 321396 (2015), Auto-Owners sought reimbursement from Integon of $838,610.48 in no fault benefits and $56,470.45 in legal expenses paid by Auto-Owners for catastrophic injuries incurred by Terry Dunn in a single vehicle accident while occupying […]

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 […]

Michael F. Schmidt And Nate Peplinski Defeat Claims For Utpa Penalty Interest And Sanctions

Joseph G. Nickola, Personal Representative of the Estate of George and Thelma Nickola v MIC General Insurance Corporation, Mich App (2015), a claim for underinsured motorist benefits, following an arbitration award plaintiff sought recovery of sanctions for MIC’s denial of the initial request for arbitration and also sought UTPA penalty interest of […]

Mike Guss Obtains Summary Disposition On Six (6) Medical Provider Claims; Renue Therapy, Llc, -V- Titan Insurance Company, Ingham County Circuit Court

Renue Therapy, LLC, filed six (6) separate lawsuits against Titan Insurance Company alleging entitlement to No-Fault Provider expense benefits arising out of Renue’s alleged treatment to numerous patients who were allegedly involved in motor vehicle collisions. After deposing the owner of Renue Therapy and the prescribing physician, we filed a […]

HKPC Obtains Affirmance Of Involuntary Dismissal From The Michigan Court Of Appeals In A First Party No-Fault Benefits Suit Seeking Penalty Interest And Attorney Fees

Sefika Ademi v. State Farm Mutual Automobile Insurance Company and Amerisure Insurance Company, Court of Appeals No. 319934. Suit brought by the widow of a truck driver killed in a motor vehicle accident, seeking no-fault benefits, penalty interest and attorney fees. The widow’s claim for survivor’s loss benefits was resolved, but the […]

Michael F. Schmidt Obtains Summary Disposition As To Claim For No Fault Benefits Arising From A Motor Vehicle Accident On The Basis That There Was No Proof That The Plaintiff Had A Policy Of Insurance Issued By Defendant

Marco Morones v Nationwide Mutual Insurance Company and Vincent Harden & Associates, LLC, Wayne County Circuit Court, claim by the plaintiff for no fault benefits arising from a motor vehicle accident. After discovery we filed a motion for summary disposition on the basis that the plaintiff had no proof that […]