Diagnostic Solutions v Citizens Insurance Company

Kristine Rizzo and Massimo Badalamenti successfully obtained a dismissal of Plaintiff’s claims against their client, Citizens Insurance Company. Plaintiff, a provider of the underlying claimant, filed its Complaint the day after the underlying claimant had settled its claims at facilitation. Kristine and Massimo filed a Motion for Summary Disposition based upon the good-faith payment made by Citizens relative to the facilitation resolution. The Plaintiff responded by claiming that it had provided notice of the claims to Defendant prior to the resolution at the underlying claimant’s facilitation. At oral arguments, Massimo argued that Plaintiff failed to attach any documentation to its Response to Defendant’s Motion for Summary Disposition in compliance with MCR 2.119; nor any documentation to support the assertion that Citizens had notice of its claims prior to making its good-faith payment to underlying claimant pursuant to MCL 500.3112. The Court granted Plaintiff two-weeks to produce a date of denial to Citizens.

Having not received the Court ordered information, Kristine filed a Motion to Dismiss for failure to comply with Court’s order. The Plaintiff responded to said Motion with an improperly executed affidavit of its biller. At the virtually conducted oral arguments Kristine argued that the affidavit was to be stricken as it did not comply with MCR 2.116 nor MCR 2.119. The Court agreed that Plaintiff had not complied with its Order dismissed Plaintiff’s claim with prejudice.