Supreme Court reinstates PIP claim against Allstate
Back in July of 2009, we reported on Linda Kayl's PIP claim against Allstate. The insurer's attorney had claimed that Kayl never submitted PIP expense billings to the insurer, and was granted summary disposition, despite Kayl's claim that she did mail them. The Supreme Court this week overturned the Court of Appeal's ruling and reinstated the case. It confirmed the obvious: summary disposition in favor of the insurer should never have been granted where there was a dispute of facts regarding Kayl's submission of billings. Under the state Constitution, it was for the jury to decide which party was mistaken or lying.