Grinage v. Durawa v. ACA Insurance Company
Nov 11, 2016OUTCOME: Settled lower court case for full policy limits and appeal decided fully favorable to Plaintiff on issue of No Fault's APIP lien.
Plaintiff sustained serious injuries as a result of a motor vehicle accident. After plaintiff received a settlement in the amount of the full policy limits, plaintiff's No Fault carrier asserted a lie ... n for APIP Benefits. The lower court decided the Plaintiff was to pay the APIP lien on a dollar for dollar basis. On Appeal, this was reversed and the Appeals Court ruled that 1) No Fault carrier may be entitled to nothing as the Made Whole doctrine applies and 2) worst case scenario, the plaintiff would only have to pay back a portion of the settlement towards the lien.
