Michigan Court of Appeals; Docket No. 117578; Published
Judges Kelly, Hood, and Doctoroff; Unanimous; Per Curiam
Official Michigan Reporter Citation: 185 Mich App 293; Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
One-Year Back Rule Limitation [§3145(1)]
Required Content of Notice / Sufficiency of Notice [§3145(1)]
Tolling of Limitations Upon Submission of Claim [§3145]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that a genuine issue of material fact existed as to whether the one-year statute of limitations was tolled for plaintiff’s medical expenses under the test adopted in Johnson v State Farm (Item No. 1371). In this regard, the court stated: "The requirement in Johnson that the insured give notice of a loss should not be construed too broadly. The notice must be specific enough to inform the insurer of the nature of the loss. It must give sufficient information that the insurer knows or has reason to know that there has been a compensable loss." With regard to the method of denying liability, the court stated that the insurer's denial of liability need not be in writing. The court stated, "We reject plaintiffs assertion that defendant was obligated to deny benefits in writing. What is required is a formal denial of liability, not a writing. Although the best formal notice is a writing, notice may be sufficiently direct to qualify as formal without being put in writing."
