Michigan Court of Appeals; Docket #218229; Unpublished
Judges Murphy, Hood and Cooper; 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In this unanimous unpublished per curiam opinion, the Court of Appeals held that plaintiff’s no-fault automobile insurance policy had not been cancelled prior to the date of the accident, because actual notice of the cancellation of the policy had not been received by the insured 10 days prior to the cancellation as required by MCL 500.3020(1)(b).
The evidence presented below was that notice had been mailed by the insurance company on February 20, 1997, but that the insured had not received it until he got home from jail on March 11, 1997, after the accident had occurred.
The Court of Appeals held that actual notice must be received 10 days before the cancellation. Citizens Insurance Company of America v Crenshaw, 160 Mich App 34; 408 NW2d 100 (1987). However, the insurer’s burden to prove such notice is aided by MCL 500.3020(5), which states that mailing of notice is “prima facie proof of notice.” However, this presumption can be rebutted by evidence of non-receipt of the notice within the required 10 day period.
Therefore, the Court of Appeals upheld the trial court grant of summary disposition in favor of the plaintiff on the issue of cancellation of the insurance coverage.
[Editor’s Note: This Opinion has been reversed by the Supreme Court decision of Nowell v Titan Insurance Company (Item No. 2317).]
