PIP & uninsured/underinsured motorist benefits; Material misrepresentation of fact; Titan Ins Co v Hyten

The court held that there existed a genuine issue of material fact as to whether plaintiff “made a material misrepresentation of fact in not listing her daughter’s Ford Fusion on plaintiff’s insurance application for her own vehicle.” She alleged that “while driving her 2008 Dodge Caliber, she was injured in a traffic accident.” At issue was her “alleged misrepresentation in her insurance application by failing to disclose that she was a co-registrant on a vehicle leased by her daughter (a 2015 Ford Fusion) and for which plaintiff co-signed the loan.” The court concluded that “while plaintiff’s evidence is not overwhelming, it is still more than” presented by defendant-insurer “(the party claiming the existence of a misrepresentation). While it might not be sufficient to support summary disposition in favor of plaintiff, it is sufficient to support a denial of defendant’s motion for summary disposition. And, as Titan points out, the burden is on defendant to prove that the representation was false and that plaintiff made it knowing that it was false when she made it.” At this point, defendant was “unable to meet that burden.” It could “neither show that plaintiff made a misrepresentation nor does defendant establish how, even if there is a misrepresentation, that the misrepresentation would make it liable for an accident involving the daughter’s vehicle beyond a mere conclusory claim that it does.” Reversed and remanded.