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Personal Injury Protection case is dismissed after adjuster's and attorney's fraud is uncovered

Raymond Andres was catastrophically injured in a car accident and entitled to 24-hour-per-day attendant care services.  Unknown to him, his attorney and the assigned State Farm claims adjuster apparently committed fraud in establishing the attendant care payments that should be made to his family.  When the family sued to enforce the agreement, the Court of Appeals dismissed the claim, holding that Andres was bound by his agent's fraud and could not benefit from it.  The Court of Appeals did not explain whether Andres will be able to file a new claim for attendant care or whether the one-year back rule will be applied to preclude him from collecting stale benefits.  Hopefully, the dismissal is "without prejudice" and the pendency of his just-dismissed lawsuit will "toll" the operation of the statute requiring suit within one year of incurring an expense.
Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262