Michigan Court of Appeals; Docket No. 48389; Published
Judges Cavanagh, Holbrook, and Piercey; Per Curiam
Official Michigan Reporter Citation: 100 Mich App 681; Link to Opinion
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a per curiam Opinion of limited precedential value, the Court of Appeals held that a trial judge did not abuse his discretion in finding that notice had not been provided to an insurer within one year as required by §3145 of the no-fault statute, in spite of the fact that plaintiff’s attorney presented a carbon copy of a letter sent to the insurer within the one year time limitation. The Court stated, "The trial court determined that the notice required by §3145 was not given and so the action was barred. This determination by the court was not clearly erroneous and so will not be set aside by this Court."