PIP benefits; Jurisdiction to decide this appeal; Fraud in the inducement

Concluding that “the trial court erroneously dismissed plaintiffs’ claims on the basis of fraud in the inducement of the insurance contract,” the court reversed and remanded. D, who was involved in a motor-vehicle accident, treated with plaintiff-Anesthesia Services and intervening plaintiffs-Michigan Ambulatory Surgical Center and Phase One Rehab, LLC (collectively “plaintiffs”). They filed this case seeking PIP benefits from D’s insurer, defendant-Allstate. “The trial court initially denied Allstate’s motion for summary disposition, but granted reconsideration and dismissed plaintiffs’ claims under MCR 2.116(C)(10).” As to Allstate’s claim that the court lacked jurisdiction to decide this appeal, the court held that because “plaintiffs timely filed their claim of appeal, and the [11/22/23] order was a final order appealable by right, this Court has jurisdiction to decide this appeal.” Next, it found that “the trial court’s order granting reconsideration and granting Allstate’s motion for summary disposition was erroneous.” It concluded that nothing in the record indicated that D “made fraudulent statements during the application process to induce Allstate to enter into the insurance contract. Moreover, Allstate did not argue as such in its motion for summary disposition.”