Marquette County Circuit Court; Docket No. 92-27662-NF; Unpublished
Honorable Edward A. Quinnell
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this memorandum Opinion of Circuit Court Judge Quinnell, the court addressed the issue of whether notice of an injury is required to an insurer of secondary priority where the first priority insurer becomes insolvent.
The plaintiff was injured in an automobile accident and obtained first-party coverage for his injuries from American Commercial Liability Insurance Company which, one year after the accident, became insolvent. There were other insurers that would be liable to the plaintiff, had not the coverage been available from American Commercial. The insurer with the next priority for payment was United States Fidelity & Guaranty Company. The injured plaintiff did not provide notice to USF&G of his claim for injuries until after American Commercial became insolvent. Therefore, USF&G argued that plaintiff’s claim was barred for failure to provide notice to it within one year from the date of the accident. However, the circuit court judge rejected this argument, because the plaintiff’s claim against USF&G did not accrue as long as he was receiving benefits from American Commercial.