Adam Gordon, Samantha Boyd, and Candice Cosby obtained summary disposition of Plaintiff’s and Cross-Plaintiff’s claims against their clients, insurance providers in an action pending in the Oakland County Circuit Court.
Plaintiff sought first-party No-Fault Benefits and underinsured motorist benefits, while Cross-Plaintiff, an additional insurance provider, claimed that it was not highest in the order of priority for the payment of No-Fault Benefits to or on behalf of Plaintiff, and requested reimbursement for all amounts owed to Plaintiff.
Ms. Cosby prepared and argued the Motion for Summary Disposition, asserting that proper notice had not been provided to her clients as set forth in MCL 500.3145(1), as notice had not been provided until 22 months following the subject accident. In addition, Ms. Cosby argued that pursuant to MCL 500.3114, her clients were not highest in the order of priority. More specifically it was argued that, Plaintiff was not the named in the policy issued by her clients, was not married, and was not domiciled at the policyholder’s household.
The Court ruled that Cross-Plaintiff was the insurer in the highest order of priority relative to the Plaintiff’s No-Fault Benefits claims and further ruled that Plaintiff was not domiciled at the policyholder’s household. Plaintiff’s and Cross-Plaintiff’s Complaints were thereafter dismissed.