HKPC Obtains Dismissal Of Uninsured Motorist Claim

Carolyn Schilling –v- Meemic Insurance Company, et al, Saginaw County Circuit Court Civil Action Number 13—020698—NI, claim by plaintiff for uninsured motorist benefits arising out of a October 8, 2010 auto accident. Litigation was initiated by plaintiff against the tortfeasor, Glyn Carpenter, almost three (3) years after the accident, on August 23, 2013. However, approximately seventeen (17) months after the initial complaint was filed and over four (4) years after the accident occurred, plaintiff amended her complaint and served defendant Meemic Insurance Company, demanding, for the first time, uninsured motorist benefits. We filed a motion for summary disposition on the basis that the clear and unambiguous terms of the insurance contract unequivocally require a complaint, or demand for arbitration, to be filed within (3) years from the date of the accident. Plaintiff attempted to argue that the three (3) year limitation requirement is inapplicable because a disagreement over coverage never arose and a demand for arbitration or suit can only be filed in the event there is a disagreement. In response, we argued that this is a fallacy as the insurer could not disagree with the insured until a request for benefits was made. The trial court agreed with us and granted summary disposition as to all claims by the plaintiff against defendant Meemic Insurance Company.