Brian Boehne successfully obtained a full dismissal of a Michigan personal protection insurance Benefits suit filed against our client automobile insurer. Complex facts and law surrounding contractual assignments were the primary issue.

Plaintiff had a direct cause of action, but it failed to file suit prior to Lawler obtaining a highly favorable Settlement and Release of all past, present and future claims for Benefits from the original creditor. Additionally, the original creditor had assigned, to Plaintiff, the right to sue for the Benefits for the services she received from Plaintiff. However, Plaintiff only filed suit after the Settlement, and had never delivered a copy of any Assignment to our client prior to the settlement.

Boehne drafted a Motion for Summary Disposition based on the Prior Release and Lawler argued the motion. The trial court denied same, based not on case law, but on public policy concerns. Boehne convinced the appellate court to address the trial court’s error on an interlocutory basis (saving our client the prohibitive expense of trial). After extensive briefing by Boehne, he argued to the appellate court, and it agreed that the Prior Release by the Assignor precluded Plaintiff Assignee from seeking damages. The court reversed the trial court’s denial and remanded for further briefing. On remand, the trial court ultimately dismissed Plaintiff assignee’s claim in its entirety.

Brian Boehne Successfully Appeals to Obtain Dismissal

Key Contacts

Related Services