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Harwood v State Farm Mutual Automobile Insurance Company; (COA-UNP, 1/10/2006, RB #2653)

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Michigan Court of Appeals; Docket #263500; Unpublished
Judges White, Jansen, and Wilder; 2-1 (Judge White dissenting); per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion courthouse image


STATUTORY INDEXING:
Not applicable

TOPICAL INDEXING:
Uninsured Motorist Benefits: Notice and Statute of Limitations for Uninsured Motorist Coverage


CASE SUMMARY:
In this 2-1 unpublished per curiam opinion, the Court of Appeals affirmed summary disposition for defendant on plaintiff’s claim for uninsured motorist benefits, finding plaintiff failed to comply with the terms of the insurance policy where his wife provided oral notification of the accident more than 30 days before plaintiff filed suit, but the policy required written notification 30 days before filing suit.

The court reasoned that the policy unambiguously requires written notice of the accident or loss and provides plaintiff has no right of action until 30 days after providing the written notice. Because plaintiff did not comply with the unambiguous language of the contract, summary disposition was properly granted.


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