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Al-Talaqani v. Liberty Mutual General Insurance Co.

United States District Court, E.D. Michigan, Southern Division

August 19, 2016

NASSER AL-TALAQANI, THAAMER AL-TALAQANI, AAMER AL-TALAQANI, and SARA ALMOSAWI Plaintiffs,
v.
LIBERTY MUTUAL GENERAL INSURANCE CO., Defendant.

          Nasser Al-Talaqani, Plaintiff, represented by L. Louie Andreopoulos, Andreopoulos & Hill PLLC & Ahmad A. Chehab, At Law Group PLLC.

          Thaamer Al-Talagani, Plaintiff, represented by L. Louie Andreopoulos, Andreopoulos & Hill PLLC & Ahmad A. Chehab, At Law Group PLLC.

          Namer Al-Talaqani, Plaintiff, represented by L. Louie Andreopoulos, Andreopoulos & Hill PLLC & Ahmad A. Chehab, At Law Group PLLC.

          Aamer Al-Talaqani, Plaintiff, represented by L. Louie Andreopoulos, Andreopoulos & Hill PLLC & Ahmad A. Chehab, At Law Group PLLC.

          Sara Almosawi, Plaintiff, represented by L. Louie Andreopoulos, Andreopoulos & Hill PLLC & Ahmad A. Chehab, At Law Group PLLC.

          Access Plus Rehab, Intervenor Plaintiff, represented by Ahmad A. Chehab, Gasiorek Morgan Greco McCauley & Kotzian PC, George T. Blackmore, AT LAW GROUP, PLLC & Hamid M. Soueidan, II, Varnum LLP.

          LM General Insurance Company, Defendant, represented by Stephen P. Brown, Plunkett & Cooney.

          OPINION AND ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

          ROBERT H. CLELAND, District Judge.

         Pending before the court is Defendant's Motion for Summary Judgment. In this insurance-coverage action, Plaintiffs Nasser Al-Talaqani (Nasser), Thaamer Al-Talaqani (Thaamer), Namer Al-Talaqani (Namer), Aamer Al-Talaqani (Aamer), and Sara Almosawi (Sara), contend that Defendant Liberty Mutual General Insurance Company ("Liberty Mutual") breached an automobile insurance policy by rescinding the policy after Plaintiffs made Personal Injury Protection (PIP), Uninsured Motorists, and Collision Damage claims. (Dkt. #1-1, Pg. ID 14-17.) Defendant filed the instant Motion for Summary Judgment asserting that the policy was validly rescinded on December 12, 2013 because of misrepresentations made in Plaintiff Sara's auto insurance application. (Dkt. # 12, Pg. ID 236.) Plaintiffs filed a response to the motion (Dkt. # 18), to which Defendant replied (Dkt. 20).[1] The matter is fully briefed and the court concludes that a hearing on the motion is unnecessary. E.D. Mich. L.R. 7.1(f). For the reasons stated below the court will deny Defendant's Motion for Summary Judgment.

         I. BACKGROUND

         Plaintiffs Sara and Namer are married and are the parents of Plaintiffs Nasser, Thaamer, and Aamer. (Dkt. # 12.) Sara and Namer live in separate homes, at 6844 Evergreen and 6836 Evergreen, respectively. (Dkt. # 18, Pg. ID 611; Dkt. # 18, Pg. ID 630.) Nasser lives with his mother at 6844 Evergreen, Thaamer lives with his father at 6836 Evergreen, and Aamer lives at the family's rental property at 6492 Evergreen and occasionally resides at his mother's home. (Dkt. # 12-9, Pg. ID. 329; Dkt. # 12-13, Pg. ID 489; Dkt. # 12-11, Pg. ID 420.)

         On June 7, 2013, Defendant Liberty Mutual issued Plaintiff Sara an automobile insurance policy for two vehicles, a 2001 Oldsmobile and a 2005 Pontiac Grand Prix. (Dkt. # 12, Pg. ID 236; Dkt. # 18, Pg. ID 580.) The policy covering the vehicles was originally under Aamer's name. (Dkt. # 12-13, Pg. ID 481) Sara obtained the insurance policy through Liberty Mutual's insurance representative Todd Boone, and in doing so listed herself as the titled owner of the insured vehicles. (Dkt. # 18, Pg. ID 580.) Sara does not own the 2001 Oldsmobile nor the 2005 Pontiac. (Dkt. # 12-13, Pg. ID 474.) Additionally, Sara did not disclose that her driving age son Nasser lived with her at the time. (Dkt. # 12-8, Pg. ID 319.) Sara later added a 2012 Dodge, leased by her husband Namer, to the policy. (Dkt. # 12-12, Pg. ID 442; Dkt. # 12-14, Pg. ID 522.) Aamer owns the 2001 Oldsmobile and Nasser owns the 2005 Pontiac. (Dkt. # 12-14, Pg. ID 553-55.)

         Plaintiffs filed insurance claims based on three accidents. On September 26, 2013, a neighbor's vehicle hit the 2012 Dodge while the Dodge was parked on the street. (Dkt. # 12, Pg. ID 239.) On that same day, Nasser and Sara were injured in the 2001 Oldsmobile after being struck by another vehicle. (Dkt. # 18, Pg. ID 582.) Lastly, on October 11, 2013, Thaamer was injured after a passing vehicle struck the 2005 Pontiac while the Pontiac was parked on the side of the road due to a flat tire. ( Id. ) Plaintiff submitted claims seeking Personal Injury Protection (PIP), Uninsured Motorist coverage, and Collision Damage as a result of the accidents. (Dkt. # 18, Pg. ID 580.) Defendant refused to pay the claims and, in a letter dated December 12, 2013, Defendant notified Plaintiff that Defendant rescinded the insurance policy declaring the policy "null and void as of June 7, 2013, " based on a misrepresentation Plaintiff made on the Liberty Mutual insurance application. (Dkt. # 12-3, Pg. ID 295.) The letter, addressed to Sara, states that

[t]he following information was undisclosed, concealed or otherwise misrepresented... You are not the registered owner of the vehicles on your policy and as such, you have no insurable interest in the vehicles... Had we known about ...

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