44th District Court for the City of Royal Oak; Docket No. 20907; Unpublished
Judge John R. Mann; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
Required Content of Notice / Sufficiency of Notice [§3145(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this written Opinion, Judge Mann refused to give strict construction to the statute of limitation provisions contained in §3145(1) where such application would result in "injustice and absurd consequenses." In this case, the plaintiff never provided written notice of the accident and a demand for benefits within the statutory one year period. However, on at least four occasions within the one year limitation period, defendant's representatives were made well aware of the accident in question, the identity of the claimant and the personal injuries involved. They were thus "put on ample notice to enable them to investigate the matter, process the claim and furnish whatever forms for execution which they might be entitled to." In addition, the defendant continued to process the claim after the expiration of the one year statute of limitations which "indicates to this Court's satisfaction that such activity constitutes a waiver of the statutory notice requirements, and also toll the statutory limitation of the claim."
