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153936 - Jessica A. Dillon v State Farm Mutual

Jessica A. Dillon,
Patrick A. Richards
(Appeal from Ct of Appeals)
(Isabella – Chamberlain, P.)
State Farm Mutual Automobile Insurance Company,
Paul D. Hudson


In 2008, the plaintiff was hit by a car while walking across a street. She was treated at a hospital for abrasions and pain in her left shoulder and lower back. A family member verbally reported the injury to an insurance agent who reported it to the plaintiff’s no-fault insurer, defendant State Farm. In 2012, the plaintiff had surgery to repair her left hip. She sought no-fault benefits, claiming that the hip injury was related to the car accident. State Farm denied benefits, asserting that, because the plaintiff had not submitted written notice of her injury within one year of the accident and never advised of a hip injury, the claim was time-barred under the no-fault act, MCL 500.3145. After the circuit court denied State Farm’s motion for summary disposition, a jury found in favor of the plaintiff and awarded damages. The Court of Appeals affirmed, holding that the plaintiff’s notice was sufficient under MCL 500.3145, but the appeals court did not address whether the plaintiff had provided notice in writing. The Supreme Court has directed oral argument to address the extent to which an injury must be described to provide notice under MCL 500.3145, and, in this case, whether the plaintiff or someone on her behalf provided written notice under MCL 500.3145.