Wayne County Circuit Court; Docket No. 77-737-984-NO; Unpublished
Judge Thomas Foley; 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 decision dealing with the notice provisions of §3145(1) Judge Foley held that the oral notification given by the plaintiff to her insurance company on the date of the accident was sufficient notice under the statute where the defendant insurance company had taken down the plaintiff’s telephone notification in writing and the written memorandum of her phone conversation by the claims representative was made a part of the claims file. Judge Foley ruled that the statute does not define or limit the source of the written notice of injury and that the defendant clearly had written notice of the injury in this case. In this particular case, the plaintiff, subsequent to her telephone notification, was provided with a formal application for benefits which she neglected to fill out and return within the one year limitation period. Eighteen months after the accident, plaintiff retained counsel and written demand was finally made.
