57th District Court for the County of Allegan; Docket No. C-792-0319-A; Unpublished
Judge Gary Stewart; 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 a novel case, Judge Stewart, per written Opinion, held that a plaintiff had satisfied the one year statute of limitations contained in §3145 of the Act by complying with DCR 201.4 and filing a lawsuit against "an unknown defendant" within one year of the date of the accident Plaintiff in this case was apparently not able to ascertain the identity of the appropriate no-fault carrier within the time permitted to give requisite notice. After making "diligent inquiry" as required by DCR 201.4, the plaintiff filed an action against an unknown defendant and stated in the body of the complaint that the lawsuit was against "the insurance company who insured the auto owned and operated by Stuart Bowman on the 4th of June, 1978 " This was sufficient to satisfy the no-fault statute of limitations.