Insurer's failure to pay benefits prompted lawsuit.

Byline: Michigan Lawyers Weekly Staff

Plaintiff was involved in a 2007 automobile accident suffering a traumatic brain injury. His doctors prescribed attendant care that was provided by his family members. The insurance company initially refused to properly pay attendant care benefits and this lawsuit was instituted. Defendant insurance company did not cooperate with discovery, which resulted in multiple motions and orders compelling discovery. Defendant did not comply with these orders even though defendant stipulated to the orders.

Because of the repeated violation of the orders, the court, as a sanction, limited defendant's witnesses and evidence at trial. Plaintiff obtained a favorable jury verdict in 2009 which defendant appealed. The Court of Appeals overturned the verdict, holding the sanction was too harsh and ordered a second trial. The trial court ordered additional discovery after the case was returned to the circuit court.

The defendant was now represented by three law firms. The court ordered the insurance company to answer interrogatories relating to their expert's opinion by a date selected by defendant. These interrogatories had never been properly answered despite an earlier order. Defendant eventually answered the interrogatories but it was discovered during the deposition of defendant's expert-nurse that she had not reviewed the records defendant claimed she relied on to form her opinions. It was also learned she did not form her opinions until after the interrogatories were answered by defendant's lawyers and the opinion in the interrogatories was not her opinion.

The court ordered an evidentiary hearing to determine if the insurance company's house counsel and private attorney violated the court rules by making false statements regarding the expert's opinions. The evidentiary hearing lasted six days over the course of one year. During the hearing...

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