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Michael F. Schmidt And Nate Peplinski Obtain Summary Disposition In Claim For First Party No Fault Benefits

McBurrows v Safeco and American Country Insurance, Wayne County Circuit Court. McBurrows sued Safeco and American Country Insurance seeking recovery of uninsured motorist benefits and no fault benefits arising from a motor vehicle accident in which McBurrows was a passenger in a taxi that was involved in a multi vehicle accident. American County insured the taxi and Safeco insured the wife of McBurrows. After discovery we filed a motion for summary disposition on the basis that McBurrows had failed to give notice to Safeco of the no fault claim or bring suit within one year as required by MCL 500.3145 and that there was also no coverage because the policy was void based upon misrepresentations made by the insureds by failing to disclose household residents including the plaintiff. After extensive briefing and oral argument the court granted our motion for summary disposition holding that the plaintiff failed to provide proper notice or suit within one year of the accident and rejected the plaintiff’s affidavit which was contrary to his dep testimony regarding the notice issue. The court also ruled that the plaintiff failed to establish that there was an uninsured motor vehicle involved in the accident.