Experience, expertise and common sense.
Motor Vehicle Litigation / April 19, 2016
Court/Case No: Wayne County Circuit Court/15-012345-NF
Tried/Argued Before: Judge
Verdict: $0 - Summary disposition granted
Name of Judge(s): Honorable Judge Leslie Kim Smith
Keys to the Case:
Three Plaintiffs filed their Complaint for No-Fault benefits on September 22, 2015, a year and a week after the motor vehicle accident. In analyzing the case, it became apparent no written notice was given to the carrier pursuant to MCL 500.3145(1). Three separate providers intervened in the suit as well. Defendant filed a Motion for Summary Disposition relying on 3145 as well as the recent Court of Appeals decision in Perkovic v Zurich American Ins Co., ___ Mich App ___; ___ NW2d ___ (2015) (Docket No. 321531.)
Plaintiffs attempted to argue written notice was tendered through a) submission of bills and records by the intervening Plaintiffs; b) receipt of the police report; and c) a telephone conversation between the insured and Defendant. However, Plaintiffs were unable to produce a single document demonstrating written notice as required by the statute and case law interpreting same.
During oral argument, Defense counsel articulated the similarities between the instant case and Perkovic. Plaintiffs’ counsel attempted to argue Intervening Plaintiffs’ bills should be preserved, despite being unable to proffer case law or other authority in support of their argument.
Judge Leslie Kim Smith granted the motion, ruling as a matter of law that Plaintiffs are precluded from recovering PIP benefits arising from this accident. Similarly, Intervening Plaintiffs’ claims were also dismissed due to the operative effect of the ruling against Plaintiffs.
Defense SW attorney(s) Involved in Case: