Egor and Ogé Secure Favorable Decision In “Jump In” Declaratory Judgment Action

Glenn Egor and Andre Ogé prevailed in a declaratory judgment action involving a “jump in” situation that was created to fraudulently claim tens of thousands of dollars in no-fault insurance benefits. The answering defendants contended that the investigation was based on bad faith and that plaintiff was unable to substantiate fraud. The court, however, found no merit in the answering defendants’ arguments and granted our motion on the grounds that not only were several defendants in default, but that the remaining defendants were not entitled to no-fault benefits because the individual defendants did not comply with the conditions precedent to coverage (i.e. actual involvement in the accident and appearances at examinations under oath). As such, our motion was granted in its entirety and the answering defendants’ cross motion was denied.