Dismissal granted on underinsured motorist claim

Thursday November 8, 2018

Perkins v Encompass Indemnity Company

Guy Silvasi obtained summary disposition in Montcalm County Circuit Court in a uninsured/underinsured motorist claim brought against Encompass Indemnity Company. The Motion was argued before Judge Suzanne Hoseth Creeger by Guy Silvasi. Plaintiff claimed he sustained a serious impairment of body function following an accident in which a truck carrying a horse trailer struck Plaintiff’s motor vehicle at a high rate of speed. Plaintiff alleged injuries primarily to his neck and back. Defendants contested that Plaintiff did not sustain a serious impairment of body function, and that Plaintiff failed to present any objective evidence of injury as required under the first prong of McCormick v Carrier. The Court agreed, and granted our Motion for Summary Disposition dismissing the uninsured and underinsured motorists claims against Encompass with prejudice.

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