Well-crafted Motion for Summary Disposition results in dismissal of lawsuit

Tuesday June 26, 2018

Ames v Allstate Insurance Company

Sajid Islam obtained a dismissal with prejudice of Allstate Insurance Company in a lawsuit for First-Party No-Fault benefits. Sajid filed a Motion for Summary Disposition and a Supplemental Brief in Support of the Motion arguing that the plaintiff was not entitled to First-Party benefits from Allstate because she was not domiciled in the same household as her mother, the Allstate named insured, on the date of the accident at issue. Prior to the filing, Sajid obtained deposition testimony and admissions from the plaintiff and her mother indicating that the plaintiff did not reside with her mother or intend to live with her mother on the date of the accident. In addition, Sajid obtained testimony and admissions that the plaintiff did not have a bedroom or belongings at her mother’s home, and that the plaintiff was not financially dependent on her mother on the date of the accident. The plaintiff and opposing insurance company stipulated to the dismissal of Allstate with prejudice prior to the hearing on the Motion for Summary Disposition.

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