Insured’s Failure to Comply with Discovery Orders Warrants Dismissal, Mich. Federal Judge Rules
March 10, 2017
DOCUMENTS
- Order
DETROIT — A policyholder’s continued failure to comply with discovery orders has proved fatal to a flood damage lawsuit against his homeowners’ insurer, a Michigan federal judge has ruled in dismissing the action.
In a March 1 order, Judge Robert Cleland of the U.S. District Court for the Eastern District of Michigan explained that the insured’s “willful disregard” of his obligations, coupled with the insurer’s resulting prejudice, warrants dismissal.
David Mowett alleges that Auto Owners wrongly refused to honor his insurance claim after a flood damaged his home and property. He agreed to dismissal of all but his breach of …
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- Nielsen Carter & Treas
- Plunkett Cooney
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