Francisco Lozano successfully brought a motion for summary disposition based on Plaintiff’s misrepresentations of the extent of his injuries and limitations to the MAIPF arguing same rose to the level of fraudulent insurance acts under the No-Fault Act. Plaintiff filed a motion for reconsideration presenting arguments for the first time, which was denied, resulting in the filing of an appeal.

After extensive briefing, Mr. Lozano presented oral arguments to the Court of Appeals arguing the wholesale failure of Plaintiff to respond required the lower court decision be affirmed and that the arguments first presented in the reconsideration must not be considered. Additionally, the Michigan Supreme Court had also recently issued an opinion holding that evidence gathered in discovery can be used to support this exact type of motion, which also crippled the Plaintiff’s position.

Ultimately, the Court of Appeals unanimously agreed with Mr. Lozano and affirmed the lower court opinion.

Francisco Lozano Successful in Michigan Court of Appeals

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