Fire Insurance Fraud
We have successfully represented many insurance companies in countless insurance fraud claims, but this one ended in a Michigan Court of Appeals opinion that helps Michigan attorneys prove fraud. The insured filed an insurance claim following a fire at her house. After investigating the claim and taking her examination under oath, the claim was denied for fraud and arson.
There were many conflicts in testimony as to where the insured was, where the income came from, where the contents were purchased from, and other issues which led to the denial. As typically occurs, the evidence of fraud increased during discovery after the insured filed suit in Wayne County Circuit Court. The jury returned a verdict of "No Cause for Action" against the insured based on fraud.
The insured appealed the verdict to the Michigan Court of Appeals who not only upheld the verdict, but they provided clear guidance in how broad materiality evidence extends in insurance fraud cases. The case is Robinson v. Allstate Property and Casualty Insurance Co., and the Court's opinion can be found here:
http://publicdocs.courts.mi.gov/opinions/final/coa/20140902_c315234_69_315234.opn.pdf
