Michigan Court of Appeals; Docket No. 30893; Unpublished
Judges Beasley, V. J. Brennan, and J. R. McDonald
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
General / Miscellaneous [§3108]
Reasonable Proof Standard [§3142(1)]
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 where the estate of a deceased motorcyclist (who had no no-fault coverage) sued the individual tortfeasor (not her insurance company) within one year of the accident to recover survivors' benefits, the suit was sufficient to recover survivors' benefits even though the tortfeasor's insurer had not been named as an original party in the Circuit Court action. The Court noted "the peculiar facts" of this ease and also noted that the proper defendant in such a case is the insurance company. However, the Court felt that no injustice was done in requiring the insurance company to pay the benefits as the insurer had the obligation to pay PIP benefits on the basis of its contractual relationship with the tortfeasor.
In addition, the Court held that commencing the suit against the tortfeasor within one year of the accident "was equivalent to a suit against" the insurer for purposes of the one year statute of limitations contained in §3145.
Finally the Court held that there was inadequate proof on the record regarding the trial court's order that twelve percent interest should be paid on the benefits in question pursuant to §3142. The Court stated that if the plaintiff had provided reasonable proof of the fact and amount of loss as required by §3142, then twelve percent interest to be assessed from thirty days after the date such proof was supplied, regardless of when the trial court ruled that plaintiff was legally entitled to the benefits. Unaccrued benefits bear no interest until they are payable.
[Author's Comment: This decision affirms the Circuit Court decision summarized in item number 27 herein.]
