Ingham County Circuit Court; Unpublished
Judge Thomas L. Brown; 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 written Opinion, Judge Brown held that a written letter of notice submitted on behalf of an injured plaintiff by his attorney which did not specify the address of the claimant, the name of the person injured and the time, place, and nature of the injuries, was insufficient notice under §3145 of the no-fault statute to toll the one-year limitation period in which a PIP suit must be commenced.
The Court also considered the issue of whether the insurance company is estopped from asserting the limitation defense on the basis of plaintiff s unsubstantiated assertion that he personally appeared at the insurance company's office within the one-year period at which time the plaintiff’s claim was allegedly denied. The Court held that in order for such a denial of liability to work an estoppel, the facts should indicate that the denial caused plaintiff to be "lulled into a false sense of security thereby causing him to delay or waive the assertion of his right" The Court also indicated that where the insurance company denies liability before the expiration of the limitation period but within a reasonable time for the insured to bring his action, the insurance company is not prevented from asserting the limitation as a defense.
