Legal Topics

Insurance — Personal injury protection — Fraud

Apr 22nd, 2025 in by admin

Insurance — Personal injury protection — Fraud — Insurer’s motion for summary judgment on fraud defense, asserting that accident was staged, is denied because insurer relies on affidavit of claims adjuster who has no personal knowledge of accident events and inadmissible examination under oath of insured — EUO is not admissible summary judgment evidence where it is untrustworthy; it is hearsay not subject to any hearsay exception; it is not deposition or signed affidavit; it was not given during course of trial or other legal proceeding; there was no opportunity for cross examination or objection; and there is no evidence in record that it was signed, adopted or acknowledged by insured or that it was provided to insured at time it was taken — Demand letter — Medical provider substantially complied with demand letter requirement by providing demand letter that contained all required information to insurer’s parent company, which forwarded letter to insurer — Further, insurer cannot complain of contents of letter where it had already expressed its intent to withhold payment due to belief that claim was fraudulent