Oakland County Circuit Court; Docket No. 75-121-N26-NI; Unpublished
Judge Farrell E. Roberts; 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:
Legislative Purpose and Intent
CASE SUMMARY:
In the unique factual circumstances presented in this case, plaintiff was a motorcyclist who had no no-fault coverage. The defendant tortfeasor was insured however. Within a year of the accident, the plaintiff commenced a lawsuit against the insured defendant individually, and not against his insurance company. Judge Roberts ruled that commencing a lawsuit against the named insured within the one year period, even though the insurance company was not specifically named, was sufficient for purposes of claiming first party no-fault benefits from the defendant's insurance company.