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No. 126747
| Shirley Rory and Ethel Woods, |
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David D. Turfe |
Plaintiffs-Appellees, |
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vs (Appeal from Ct of Appeals) |
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(Wayne - Ziolkowski, R.) |
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| Continental Insurance Company, |
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Robert D. Goldstein |
a CNA Insurance Company, |
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Defendant-Appellant. |
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Farm Bureau General Insurance Company of Michigan's Amicus Curiae Brief>>
Farm Bureau General Insurance Company of Michigan's Amicus Curiae Supplemental Brief>>
Linda A. Watters, Commissioner of the Office of Financial and Insurance
Services, Department of Labor and Economic Growth's Amicus Curiae Brief>>
Michigan Trial Lawyers Association's Amicus Curiae Brief>>
Background
On May 15, 1998 , plaintiffs Shirley Rory and Ethel Woods were injured in an automobile accident. Defendant Continental Insurance Company was their no-fault insurer. On September 21, 1999, the plaintiffs sued the driver of the other vehicle, Charlene Denise Haynes, for damages. They eventually learned that Haynes was uninsured, and they notified Continental Insurance of their uninsured motorist claim on March 14, 2000 - more than a year after the accident. The Continental Insurance policy states that a claim or suit for uninsured motorist benefits must be filed within one year of the accident. Relying on this provision, Continental Insurance denied coverage, and Rory and Woods sued the company. Continental Insurance asked the trial court to resolve the coverage issue in its favor, noting that the policy required plaintiffs to make a claim or file suit within one year, and that the plaintiffs did not comply with this provision. The trial court denied Continental Insurance's request, finding that the uninsured motorist provision was unreasonable. The Court of Appeals affirmed the trial court's ruling. Continental Insurance appeals.
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