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MEEMIC INS. CO. v. FORTSON

Docket No. 158302 Calendar No. 2.

954 N.W.2d 115 (2020)

506 Mich. 287

MEEMIC INSURANCE COMPANY, Plaintiff/Counterdefendant-Appellant, v. Louise M. FORTSON and Richard A. Fortson, Individually and as Conservator for Justin Fortson, Defendants/Counterplaintiffs-Appellees.

Supreme Court of Michigan.

Decided July 29, 2020.

Attorney(s) appearing for the Case

Kreis, Enderle, Hudgins & Borsos, PC (by Mark E. Kreter, Battle Creek, and Robb S. Krueger, Portage) and James G. Gross, PLC, Detroit (by James G. Gross) for plaintiff.

Chasnis, Dogger & Grierson, PC, Saginaw (by Robert J. Chasnis) and Law Office of Joseph S. Harrison (by Joseph S. Harrison) for defendants.

Willingham & Coté, PC, East Lansing (by Kimberlee A. Hillock) for the Insurance Alliance of Michigan, amicus curiae.

Donald M. Fulkerson, Westland, and Law Offices of Robert June, PC, Ypsilanti (by Robert B. June) for the Michigan Association for Justice, amicus curiae.

BEFORE THE ENTIRE BENCH.

OPINION

In this action, Meemic Insurance Company seeks to void its policy with defendants Louise and Richard Fortson and stop paying no-fault benefits to their son. Although the benefits are mandated by statute, Meemic seeks to avoid its statutory obligations by enforcing the antifraud provision in the policy. The issue before...

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