Victory in the Court of Appeals

Tuesday November 27, 2018

Gomez v Allstate Insurance Company, et al.

Sajid Islam obtained a reversal of the trial court’s ruling on a Motion for Summary Disposition and Motion for Reconsideration in an action filed against his client, Allstate Insurance Company. Specifically, the plaintiff’s motion for summary disposition alleged that the plaintiff, a motorcyclist, was entitled to first-party no-fault benefits and uninsured motorist benefits from Allstate as there was no genuine issue of material fact that a motor vehicle was involved in the accident. The trial court granted plaintiff’s motion for summary disposition and denied Allstate’s Motion for Reconsideration on the issues.

Sajid prepared an Application for Leave to Appeal the trial court’s decision, arguing that the trial court erred when it held that plaintiff was entitled to uninsured motorist benefits in light of a clear and unambiguous exclusion for such coverage when the injury arises out of the use of a motorcycle. In addition, he argued that there was sufficient evidence to create a genuine issue of material fact as to the involvement of a motor vehicle. On November 27, 2018, the Court of Appeals reversed the trial court’s decision stating that the defendant had presented sufficient evidence to raise a genuine issue of material fact regarding the involvement of a motor vehicle in the accident. Further, the Court found that the clear and unambiguous language of the policy excluded the recovery of uninsured motorist benefits.

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