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Kelley v The Home Insurance Company; (JDC-UNP, 3/17/1980;RB #306)

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68th District Court for the City Flint; Docket No. 9B-6564; Unpublished  
Judge Albert P. Horrigan; Written Opinion  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
One-Year Notice Rule Limitation [§3145(1)]

TOPICAL INDEXING:
Legislative Purpose and Intent   


CASE SUMMARY:  
In a written Opinion, Judge Horrigan held, consistent with prior appellate court decisions, that the one year statute of limitation set forth in §3145(1) of the Act is a one year statute of limitation which can "extend the period for up to one additional year by giving notice." Thus, plaintiff must seek judicial enforcement of the insurance contract under the terms of the statute or applicable time limits as set out by case law or face possible unenforceability of the insurance contract for economic loss. It was the Court's opinion that "this principal of law applies to after discovered economic injuries or damage" which are not sued upon within one year.


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