34th Judicial District Court; Docket No. C-7-1209; Published
Judge Henry Zaborowski; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
Resident Relatives [§3114(1)]
Separated and Divorced Spouses [§3114(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
Judge Zaborowski held that the one year notice requirement in the statute of limitations contained in §3145 of the no-fault statute cannot, by itself, bar a cause of action for PIP benefits. The no-fault carrier must make a showing of prejudice before the notice requirement will be a bar to the action. In this case the plaintiff failed to give notice within one year. The Court held that the purpose of the notice requirement is to protect the insurer from prejudice due to delay, not to shorten the statute of limitations.
Furthermore, the Court held that where the plaintiff was the daughter of the insured (her father) but was living with her separated-mother at the time of the accident, she was still entitled to PIP benefits under her father's no-fault policy pursuant to §3114(4) as her domicile in her father's household extends to separate quarters where there is an estrangement of spouses.
