Thank you for sharing!

Your article was successfully shared with the contacts you provided.


Judge Butler

PLAINTIFF MEDICAL provider sought summary judgment in its action for no-fault benefits due to defendant insurer’s failure to timely deny or pay its claims. Based on a consultant’s “low impact study” accident analysis report – which concluded that the speed of the assignor’s vehicle was “not sufficient to cause persistent injury to volunteer test subjects” – defendant insurer argued that because the assignor’s injuries could not have been caused by the accident, plaintiff’s claim was fraudulent because it did not arise from a covered accident. The court granted plaintiff summary judgment. It found the unsworn “low impact study” accident report inadmissible and insufficient to defeat plaintiff’s summary judgment motion. The court also determined that even if the “low impact study” accident report was admissible, defendant insurer failed to establish that the accident was a deliberate event caused in furtherance of an insurance fraud scheme.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.