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Failure to Notify Insurance Company within One Year Results in MSD Granted

The Court granted summary disposition for Progressive on this first party claim for No Fault benefits finding that Plaintiff or someone on his behalf failed to notify Progressive of the accident within one year. In reaching its ruling, the Court disagreed with Plaintiff’s argument that he should be permitted to depose a Progressive representative prior to summary disposition being granted. The Court emphasized that MCL 500.3145 specifically required Plaintiff or someone on his behalf to have provided the requisite notice to Progressive, and there was no reason Plaintiff shouldn’t already have the requested information (without needing to first depose a Progressive representative). 

This matter was handled by partner Neil E. Hansen.

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