Michael F. Schmidt And Nate Peplinski Obtain Dismissal Of Claim By State Farm Against Integon National Insurance Seeking Reimbursement For No Fault Benefits Paid
State Farm Mutual Automobile Insurance Company filed suit against Integon National Insurance Company seeking to recover no fault benefits in excess of $500,000 paid by State Farm to an alleged Integon insured. Following discovery we filed a motion for summary disposition that Integon had issued a 7 day policy which had expired before the accident date. State Farm argued that Integon’s policy failed to comply with the cancellation provision provided by MCL 500.3020(1)(b) requiring 10 days written notice of cancellation. We argued that this provision could not apply because the policy was a 7 day policy which expired by its terms and was not cancelled. In response to our motion for summary disposition, State Farm dismissed its complaint.