Direct responsibility for litigation and defense of cases involving catastrophic and other serious injuries in the areas of automobile negligence, first-party no-fault insurance, arson and fraudulent claim defense. Since 1990, significant cases were tried to completion on behalf of State Farm and the Auto Club Insurance Association.
Responsible for declaratory actions on behalf of insurers involving conspiracies to defraud both personal protection benefits and liability coverages have been successfully concluded in Oakland, Wayne and Macomb Counties resulting in verdicts against the insured for money damages.
A twelve week trial on behalf of the Auto Club for no-fault benefits resulting from an alleged closed head injury resulted in a verdict for the Auto Club preventing a life-long exposure for millions of dollars in proposed "rehabilitation" expenses. Similar cases have been tried on behalf of State Farm involving traumatic brain injury, quadriplegia, hemiplegia and other injuries involving the need for attendant care and other rehabilitative services.
Since 1990, on behalf of no-fault automobile insurance carriers, programs have been established to review for, and actively defend against, fraudulent schemes to obtain uninsured motorist benefits by staging accidents.
Principal responsibility for affirmative actions filed against numerous providers of healthcare services for reimbursement of no-fault benefits wrongfully obtained as a result of fraud, payment by mistake of fact and other theories resulting in hundreds of thousands of dollars recovered for various no-fault automobile insurance carriers. The case of Allstate v A&A Medical Transportation, et.al. involved over 30 defendants and culminated successfully after over 10 years in litigation.
Litigation against Zigmond Chiropractic, PC, on behalf of the Auto Club Insurance Association prevented payment based upon fraudulent schemes in the millions of dollars and resulted in judgments and awards of cost and attorney fees in favor of Auto Club in the hundreds of thousands of dollars. In addition, I successfully prosecuted an action under the Uniform Fraudulent Transfers Act in connection with collection proceedings against the owner of the professional Corporation that was affirmed on appeal.
Direct responsibility for challenges to the scientific validity of various medical devices including, but not limited to: infrared thermography, liquid crystal thermography, video fluoroscopy, cold laser, quantitative electroencephalogram (QEEG), neurobiofeedback, and spinal manipulation under anesthesia. These actions based upon statute and court rules have eliminated or drastically reduced the number of claims under the no-fault system for first party personal injury protection benefits as well as curtailing their use in third-party negligence and uninsured motorist claims.
Direct responsibility for devising protocols for the analysis and evaluation of chiropractic examination and treatment as they relate to insurance reimbursement.
Aggressive defense of these cases has resulted in successful denial and commensurate savings to the carriers and protection of the innocent policyholders.
Legal Continuing Education
- Regular attendance at numerous seminars sponsored by the Institute of Continuing Legal Education (ICLE) and the Defense Research Institute (DRI) concerning topics of professional interest.
- Automobile No-Fault XI, Update on No-Fault, Lawrence Tech, May, 1993.
- The Ultimate Trial Notebook, ICLE, November 1993.
- Automobile No-Fault X, Update on No-Fault, University of Detroit Mercy, April, 1991.
- Mastering Your Premises Liability Case, ICLE, February 11, 1991.
- National Health Fraud Conference, sponsored by Food and Drug Administration, Department of Health and Human Services, Kansas City, MO, 1990.
- Modern Trial Practice and Techniques, The Detroit Bar Association, Detroit, Michigan, March 23, 1990.
- No-Fault Update, ICLE, 1988.
- Senn-Delaney Leadership Challenge Program, 1988.
- National Health Fraud Conference, sponsored by Food and Drug Administration, Department of Health and Human Services, Kansas City, MO, 1988.
- Care of the Person with Spinal Cord Injury, Rehabilitation Institute, Detroit Medical Center, September, 1987.
- The Injured Victims and Families of Catastrophic Magnitude, Michigan League for Nursing and Medical Personnel Pool, Mercy College, May, 1987.
- Head Injury Rehabilitation, Southfield Rehabilitation Hospital, May, 1987.
- Premises Liability, ICLE, 1987.
Professional or Trade Affiliations
- State Bar of Michigan, 1976 to present.
- Prosecution Attorneys Association of Michigan, 1977-1979.
- National District Attorneys Association, 1977-1979.
- Ionia County Bar Association, 1977-1979.
- Oakland County Bar Association, 1977; 1979.
- Macomb County Bar Association, 1983 to present.
- Defense Research Institute, 2011 to present
- Served as Independent Arbitrator for Auto Club, Safeco, State Farm Nationwide, Worldwide and Citizens Insurance Companies.
- Faculty Member, Institute for Continuing Legal Education (ICLE) April, 2015 “The Front Line of Provider Suits”
- National Council Against Health Fraud, member.
- Mount Clemens Optimist Club, secretary, 1986.
Honors & Awards
- Martindale-Hubbell AV Rated - Preeminent
- Bratton v DAIIE, 120 Mich App 73 (1982).
- Bailey v DAIIE, 143 Mich App 223 (1985).
- Kondratek v DAIIE, 163 Mich App 634 (1987).
- Hoffman v ACIA
- Owens v ACIA