Experience, expertise and common sense.

First Party Auto PIP Benefits

Motor Vehicle Litigation / February 19, 2013

Court/Case No: Macomb County Circuit Court / Case No. 2010-005127 NI

Tried/Argued Before: Judge

Demand: $728,000.00

Verdict: Motion for Summary Disposition Granted

Name of Judge(s): Mark Switalski

Keys to the Case:

This was a motion arguing that MCL 500.3145(1) requires either written notice within one year OR payment by the insurance company within that time. There is very little case law on the subject, which is surprising. One unpublished case supporting defendant’s position was found. Defendant referenced the Sinas/Miller no-fault treatise that said that MCL 500.3145(1) does require either payment or written notice within one year of the accident date, which the judge said he found to be persuasive.

 

Defense SW attorney(s) Involved in Case:

sw-redraw

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