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Year: 
2019
Jurisdiction: 
Macomb County Circuit Court
Decision: 
Summary Disposition
Notes: 
MSD granting dismissal of Plaintiff’s uninsured motorist claims due to not complying with insurance policy reporting requirement
Summary: 
Samantha Cain and Magdich Law won summary disposition pursuant to MCR 2.116(C)(8) and MCR 2.116(C)(10). Plaintiff filed suit seeking uninsured motorist benefits arising out of an alleged motor vehicle accident.  Despite Plaintiff’s claims that she was involved in a motor vehicle accident, Defendant argued that Plaintiff failed to comply with the reporting requirements of her insurance policy, which are clear and unambiguous.  The Court agreed with Defendant that Plaintiff failed to comply with her insurance contract, and that the language of the insurance contract was clear an unambiguous.  Therefore, the Court determined that there was no genuine issue of material fact that Plaintiff was not entitled to recover UM benefits, and that Plaintiff had failed to state a claim upon which relief can be granted.