Michigan Court of Appeals; Docket No. 85153; Published
Judges Kelly, Wahls, and Simon; Unanimous
Official Michigan Reporter Citation: 160 Mich App 34; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Cancellation and Rescission of Insurance Policies
CASE SUMMARY:
In this unanimous Opinion by Judge Kelly, the Court of Appeals held that the cancellation of a no-fault automobile insurance policy is controlled by MCLA 500.3020 and therefore, "to effectuate cancellation of insurance under §020, the insured must receive actual notice of cancellation at least 10 days prior to the effective date." Because the insured person here did not receive notice of cancellation until after the accident, the policy issued by Allstate was" still in force and effect. The Court also held that it makes no difference whether or not cancellation is attempted during or beyond the first 55 days of coverage. The only relevance that the 55 day limitation has is with regard to the insured person's right to appeal the decision of an insured to cancel a liability policy.