Michigan Court of Appeals; Docket #272997; Unpublished
Judges Zahra, Bandstra, and Owens; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Uninsured Motorist Benefits: Exclusions from Uninsured Motorist Benefits
Uninsured Motorist Benefits: Notice and Statute of Limitations for Uninsured Motorist Coverage
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, decided without oral argument, the Court of Appeals affirmed summary disposition for defendant Farm Bureau Insurance Company on plaintiff’s claim for uninsured motorist benefits for failing to comply with the insurance policy’s uninsured motorist benefit provision.
The plaintiff in this case was injured in a motor vehicle accident which occurred on August 23, 2002. The driver of the at-fault vehicle did not have insurance. Therefore, plaintiff filed an action seeking uninsured benefits from Farm Bureau on August 1, 2005. Plaintiff’s insurance policy included “family protection coverage” under which Farm Bureau would pay uninsured benefits. An amendment to the policy provided that written notice of the claim must be submitted within one year of the accident. It further provided that proof of the claim must be provided “as soon as practicable.”
Farm Bureau moved for summary disposition, arguing it was not provided with proof of the claim as soon as practicable. The trial court granted the motion and the Court of Appeals affirmed. In affirming, the Court of Appeals noted that although plaintiff had obtained a letter from his neurologist providing proof of his injuries in May 2004, by August 1, 2006, plaintiff had failed to provide Farm Bureau with any additional medical records in support of his claim. In this regard, the court stated:
“The insurance policy at issue included ‘Family Protection Coverage’ . . . which . . . contained the following provision. . . . Any person seeking Family Protection Coverage must:
(a) present the claim for compensatory damages according to the terms and conditions of this coverage and policy; and
(b) present to us a written notice of the claim for Family Protection Coverage within one year after the accident occurs.
A suit against us for Family Protection Coverage may not be commenced later than one year after the accident that caused the injuries being claimed, unless there has been full compliance with the provisions of paragraphs (a) and (b), above.
Further, the Family Protection Coverage section of the policy contained a Proof of Claim provision that stated in pertinent part:
As soon as practicable, the insured or other person making claim shall give to the company written proof of claim, under oath if required, including full particulars of the nature and extent of the injuries, treatment, and other details entering into the determination of the amount payable. [Emphasis in original]
Plaintiff obtained a letter from a neurologist in May 2004 providing proof of his injuries and he filed the instant suit on August 1, 2005. But plaintiff presented no evidence to dispute the affidavit of Farm Bureau’s claims adjuster stating that, as of August 1, 2006, neither plaintiff nor his attorneys had submitted any medical records or other proof of plaintiff’s claim for uninsured motorist benefits. . . . Thus, under the plain language of the Proof of Claim provision, plaintiff had to submit proof of his claim as soon as he was capable of doing so. But the undisputed facts show that, even after obtaining it more than a year earlier, plaintiff still had not submitted such proof to Farm Bureau as of August 2006. Consequently, the trial court did not err in determining that plaintiff failed to comply with the Proof of Claim provision and in granting summary disposition in favor of Farm Bureau.”
