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Hemphill v. Allstate Insurance Co.

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

April 10, 2018

RICHARD RAYTJUAN HEMPHILL, Plaintiff,
v.
ALLSTATE INSURANCE COMPANY, Defendant.

          ORDER GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DOC. 20)

          AVERN COHN, UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This is a no-fault personal insurance protection (PIP) benefits case removed from the Wayne County Circuit Court. Plaintiff Richard Hemphill (Hemphill) is suing Defendant Allstate Insurance Company (Allstate) for benefits related to injuries he sustained in a car accident. Hemphill's complaint (Doc. 1) is in two counts:

Count I: Breach of Contract
Count II: Declaratory and Injunctive Relief

         Hemphill asks for compensatory damages, interest, costs, and attorney fees, as well as an injunction preventing Allstate from denying him no-fault benefits.

         Now before the Court is Allstate's motion for partial summary judgment on the grounds of fraud (Doc. 20), to which Hemphill has responded (Doc. 17) and Allstate has replied (Doc. 19). For the reasons that follow, the motion is GRANTED and Hemphill's claim for no-fault PIP benefits is DISMISSED. Though Allstate's motion is for partial summary judgment, this ruling disposes of the case.

         II. BACKGROUND

         A.

         On September 30, 2015, Hemphill was riding in the back seat of his friend Devon Cartwright's (Cartwright) car. Cartwright was driving; his girlfriend was sitting in the front passenger seat. Cartwright lost control of the car while on the highway, weaving back and forth and eventually striking the median. Soon after, Hemphill was transported by ambulance to Henry Ford Hospital in Detroit.

         Hospital records (Doc. 16, Ex. C) state that Hemphill denied losing consciousness or hitting his head or neck in the accident. The records also state that Hemphill did not exhibit back pain, arthralgias (joint pain), neck pain, neck stiffness, dizziness, or headaches, but did exhibit lacerations on three fingers, tenderness in the right shoulder, myalgias (muscle pain), and some blood abnormalities. Hemphill complained of “pain to the right shoulder and right hand.” An x-ray taken of his right shoulder displayed “a slight irregularity of the distal acromion, which is new from prior radiographs in [May of 2015]. On repeat exam, patient reports no tenderness at this site point . . . and when offered a sling, refused it.” An x-ray taken of his right hand was “unremarkable.” Hemphill's right hand was wrapped and he was given a prescription for Motrin. Hospital records state that “[p]atient left AMA, reporting that he felt fine and wanted to go, refusing monitoring and serial abdominal exams.”

         B.

         On November 3, 2015, Hemphill signed an application for PIP benefits through the Michigan Assigned Claims Plan (MACP).[1] In the application he made the following statements:

1. He suffered injuries to his neck, back, head, right arm, knees, and hands;
2. He received treatment for his injuries at Henry Ford Hospital and also from Dr. Sam Hakki (Dr. Hakki);
3. Dr. Hakki was his primary care physician;
4. Medicare was his only form of health insurance;
5. He had no pre-existing health conditions (except that he was taking medications for schizophrenia and bipolar disorder);
6. He received medical bills regarding injuries sustained in the accident;
7. He was not “contacted by a doctor's office or other person about ...

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