Michigan Court of Appeals; Docket No. 237354; Unpublished
Judges Smolenski, Cooper, and Fort Hood; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Cancellation and Rescission of Insurance Policies
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that the insurance company had properly cancelled plaintiff’s no-fault insurance policy for non-payment of premium and had provided the necessary notice of cancellation under MCL 500.1511.
Plaintiff testified that he purchased the van involved in the accident in the summer of 1998. He then purchased insurance from Best Buy Insurance Agency on a six-month policy which provided for payment of the insurance in installments. Plaintiff claimed he learned of the cancellation of his policy only after being involved in an accident in December, 1998. His insurance policy indicated expiration in January, 1999.
The defendant insurance company alleged that a 10-day notice of intent to cancel had been sent by the finance company, Westshore, and that subsequently, Westshore sent a notice of cancellation to the plaintiff on August 10, 1998. Plaintiff claimed he did not receive the notice.
The Court of Appeals relied on the previous decision in Doshi v Michigan Basic Property Insurance Association, 229 Mich App 595 (1998), in which the court held that cancellation of an insurance contract by a premium finance company merely required compliance with the provisions of MCL 500.1511. That statute provides for cancellation of an insurance contract based on a mailing of a notice of cancellation with not less than 10 days notice. The Doshi court expressly rejected application of the notice provisions of MCL 500.3020 to a premium finance company. Further, plaintiff’s denial of receipt of the 10-day notice did not alter defendant’s entitlement to summary disposition.
