Michigan Court of Appeals; Docket No. 78-1470; Published
Judges Beasley, Walsh, and McDonald
Official Michigan Reporter Citation: 88 Mich App 663; 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:
The Court of Appeals held that §3145(1) of the no-fault statute as a one-year statute of limitations and not a mere notice provision. In so holding, the Court agreed with the previous decision in Davis v Farmers Insurance Company (item number 113).
In addition, the Court rejected plaintiff’s argument that the notice required by §3145(1) could be given by anyone. The Court held that the language of this section is specific and thus, notice must be given by the injured person or someone acting on his or her behalf. If the notice is not given in this manner, it is insufficient under the statute.