MARK L. DOLIN
Farmington Hills, MI
Mark L. Dolin specializes in handling a multitude of insurance defense matters including personal injury, professional liability, retail and restaurant, including legal and medical malpractice, insurance agent error and omission defense, catastrophic claims, real estate defense, Michigan No-Fault, trucking liability, coverage, employment law and automobile liability cases. He has extensive trial experience in personal injury, No-Fault insurance claims and professional negligence-related areas and has tried cases to verdict in both state and federal courts in Michigan and Illinois. Mark’s unique approach to successfully handling these claims includes a proactive and strategic skill-set resulting in favorable resolutions and often dismissals.
TRIAL AND CASE HIGHLIGHTS
Most recently, Mark secured Summary Disposition through a Threshold Motion from a Judge who is notorious for finding a question of fact. The action plan included a finite attention to detail via video surveillance, employment records, medical records and experts which served to persuade the Court that Dismissal was proper.
- A number of Mark’s successful trial victories have appeared in Michigan Lawyers Weekly. The success of the auto negligence trial can be attributed to Mark’s use of a sudden emergency argument (granted on emergency motion from the Michigan Court of Appeals) and his demonstration that the No-Fault carrier was misled by its insured’s fraudulent claims.
Recently Mark tried six successful cases in Michigan with potential exposures of $500,000, $1.5 million, $19 Million, $900,000 and $400,000. The first matter resulted in a directed verdict on the sixth day of trial; the second matter resulted in a unanimous jury defense verdict. The third trial involved complex claims including an alleged traumatic brain injury and permanent disability. Mark convinced each and every juror that the accident was a fraudulently staged event resulting in a no cause of action. Mark also secured a unanimous defense verdict wherein he established that Plaintiff’s claim, that she was stepping into a pickup truck when she sustained bi-lateral ankle fractures, was simply false. At the close of 2016 Mark also tried a high exposure wrongful death case with $25 million of insurance coverage. The jury was persuaded that Plaintiff’s decedent met his demise, not due to defects on the premises, but rather foul play. Finally, Mark began 2017 with another directed verdict wherein the Trial Court held immediately after Mark’s cross examination of a party opponent, that the uninsured motorist policy at issue did not apply given the admissions that were secured from this adverse party.
Mark has been and continues to be the firm’s resident expert on the Michigan Supreme Court decision of McCormick v. Carrier. Mark, together with partner Robert Abramson, successfully argued two of the first threshold motions in Michigan after the McCormick decision. Since then, he has successfully authored and argued many more threshold motions.
Mark continues to handle complex Michigan appellate claims.
He was successful in upholding the Michigan Trial Court’s decision in Kemp v. Farm Bureau General Ins. Co. of Michigan. This matter stems from Mr. Kemp’s claim for extensive No-Fault/PIP benefits. Mr. Kemp sustained injury when he allegedly removed a briefcase from his vehicle. Mark successfully convinced the trial court as well as 2 out of 3 justices on Appeal that the No-Fault Act simply does not cover such instances. The case was recently the topic of a front page published article in the Michigan Lawyer’s Weekly.
Most recently Mark was successful in upholding the Michigan Trial Court’s decision in Porter v. State Farm. This case involved a complex mix of statutory definitions combined with the Supreme Court’s interpretation and application of the employer furnished vehicle No-Fault exception. The matter resulted in a favorable resolution without any benefits paid.
MEMBERSHIPS & ACCOLADES
Claims & Litigation Management Alliance (member, Professional Liability Committee)
Defense Research Institute
Insurance Institute of Michigan
Insurance Research Institute
Michigan State Bar
Michigan Super Lawyer (2011)
Providence Charitable Society
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Northern District of Illinois
University of Toledo College of Law, J.D., 1991
University of Toledo, B.S., 1987
PRESENTATIONS & PUBLICATIONS
Mark presents to national and regional organizations on issues pertaining to Michigan No-Fault, professional liability, fraud litigation, claims management and claims resolution. He also regularly provides educational seminars for claims adjusters relating to current trends, depositions and dispositive motions.
- “Insurance Fraud,” Insurance Institute of Michigan Conference (September 2016)
- “Fraudulent Claims,” National Claims & Litigation Management Alliance Seminar (April 2016)
- “Attendant Care Claims in the No-Fault Act,” Michigan Chapter of IASIU (October 2015)
- “Insurance Fraud,” Insurance Institute of Michigan Conference (September 2015)
- “Relationship Between Internal and External Staff Council,” Magna Conference (May 2015)
- “McCormick v. Carrier Webinar, The Unraveling of a “Threshold”, KPD Webinar (January 2011)
- “Understanding McCormick v. Carrier,” KPD Legal Advisory (August 2010)