Michael F. Schmidt Prevails In Coverage Dispute Due To Lack Of Proper Notice

Integon Insurance Company v Berry, Wayne County Circuit Court, Declaratory action filed to obtain a determination that Integon Insurance Company had no duty to provide coverage or a defense to the insureds in an underlying claim against the insureds arising out of a motor vehicle accident.  We argued that the insureds had failed to provide notice of the accident, failed to provide notice of the underlying suit resulting in a default being entered against the insureds and failed to provide notice of the default.  We were successful in obtaining a summary disposition that Integon had no duty to provide coverage or a defense to the insureds in the underlying action due to the lack of notice which was to the prejudice of Integon.