Michigan Court of Appeals; Docket #251910; Unpublished
Judges Bandstra, Fitzgerald and Meter; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Cancellation and Rescission of Insurance Policies
CASE SUMMARY:
In this unanimous unpublished per curiam opinion decided without oral argument, the Court of Appeals affirmed summary disposition for defendant on plaintiff’s claims for benefits, finding defendant properly cancelled plaintiff’s no-fault insurance for nonpayment of premium. By its own terms, the policy expired on May 2, 1997 if the premium was not paid. Plaintiff claimed she placed cash and the premium notice in an envelope and placed it in a “night deposit.” However, she could not remember receiving the premium notice, how much it was for, what day she paid it or whether she paid it during or after office hours. She also failed to submit a receipt for the payment. In rejecting plaintiff’s appeal, the court reasoned:
“To oppose a motion for summary disposition, the nonmoving party ‘must present more than conjecture and speculation to meet their burden of providing evidentiary proof [to] establish [] a genuine issue of material fact.’ . . . Here, plaintiffs failed to set forth specific facts to meet the required burden of proof. Consequently, we affirm the trial court’s grant of summary disposition to defendant.”
