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Proper Notice is Essential Under MCL 500.3145(1)

Motor Vehicle Litigation / June 12, 2023

Morrissette gives guidance into how courts will handle arguments for proper notice under MCL 500.3145(1), specifically when notice is provided to named insureds. In this case, the Court of Appeals did not find any exception for Plaintiff’s failure to provide notice to Defendant and ignored the argument that notice to Defendant’s insured is comparable to providing notice directly to the insurance company. In further cases involving the issue of notice, defendant insurers should understand that courts will not accept the notion that providing notice to an insured constitutes proper notice to an insurance company absent additional evidence.

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