Attorney Stephen C. Madej recently obtained summary disposition of a claim for no-fault benefits and uninsured motorist benefits based upon the Plaintiff's fraudulent statements. At her deposition, Plaintiff denied having any slip and fall accidents or any other injury producing events since her motor vehicle accident. Subsequently, Mr. Madej uncovered Plaintiff's Facebook page which showed that Plaintiff made posts stating that she slipped and fell down stairs, injuring her neck, back, and elbow. Mr. Madej also uncovered numerous medical records through subpoena which showed that Plaintiff also reported the slip and fall as the basis for her new injuries to several physicians.
The trial court agreed and found that Plaintiff made material misrepresentations to the insurer in violation of the Concealment or Fraud provision of the insurance policy. As a result, Plaintiff's claims for no-fault benefits and uninsured motorist benefits were dismissed.