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NOWELL v. TITAN INS. CO.

Docket No. 119013, Calendar No. 4.

648 N.W.2d 157 (2002)

466 Mich. 478

Martin A. NOWELL, Plaintiff-Appellee, v. TITAN INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 9, 2002.

Attorney(s) appearing for the Case

Cubbon & Associates Co, L.P.A. (by James E. Yavorcik) Toledo OH, for the plaintiff-appellee.

Fink, Zausmer & Kaufman, P.C. (by Mark J. Zausmer, Gary K. August, and Amy M. Sitner) Farmington Hills, for the defendant-appellant.

Gross, Nemeth & Silverman, P.L.C. (by Steven G. Silverman) Detroit, for the Insurance Information Association of Michigan.

Adams & Hicks, P.L.C. (by Steven A. Hicks) Lansing, for the Michigan Trial Lawyers Association.

TAYLOR, J.

Plaintiff Martin Nowell was injured in an automobile accident that occurred after the effective date on a notice of cancellation that defendant mailed to the driver of the vehicle in which plaintiff was a passenger. The driver has indicated that, while the notice of cancellation was delivered to his address, he did not personally receive or learn of it until after the accident. The parties dispute whether actual notice to the insured was necessary to make...

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