Novara Law Obtains $300,000 PIP Case Dismissal for Second Time

Congratulations to Novara Law Partner Robert S. Abramson, who recently got a $300,000 PIP case dismissed for the second time for an insurance client. 

During discovery, Abramson unveiled that Plaintiff committed fraud in the application by failing to disclose she was working for DoorDash. He immediately filed a motion to dismiss before Judge Hegarty in Wayne County Circuit Court, who granted the motion and rescinded the policy.

On appeal, Plaintiff contended that the Defendant failed to properly plead fraud as an affirmative defense. The Michigan Court of Appeals reversed, directing the trial court to address the issue of whether the Defendant should be allowed to amend the affirmative defenses. Judge Hegarty allowed the amendment because the issue first came to light during discovery, there was no prejudice to the Plaintiff, and entered the order of dismissal again.