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Kirkwood v Delores; (OCC-UNP, 11/1976; RB # 27)

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Oakland County Circuit Court; Docket No. 75-121-N26-NI; Unpublished     
Judge Farrell E. Roberts; Written Opinion    
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:   
One-Year Notice Rule Limitation [§3145(1)]   
Required Content of Notice / Sufficiency of Notice [§3145(1)]

TOPICAL INDEXING:
Legislative Purpose and Intent   


CASE SUMMARY:
In the unique factual circumstances presented in this case, plaintiff was a motorcyclist who had no no-fault coverage. The defendant tortfeasor was insured however. Within a year of the accident, the plaintiff commenced a lawsuit against the insured defendant individually, and not against his insurance company. Judge Roberts ruled that commencing a lawsuit against the named insured within the one year period, even though the insurance company was not specifically named, was sufficient for purposes of claiming first party no-fault benefits from the defendant's insurance company.


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