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Court reinstates action against insurer after local court dismissed for improper service

Dennis Bassett sued the at-fault driver and her insurer, Affirmative Insurance Services, after he was injured in a 2010 car accident.  After his Summons expired, the Court dismissed his complaint without informing Bassett; later reinstated it; and ultimately dismissed it permanently, noting a "clerical error."    When Bassett attempted to reinstate the case following a failed arbitration, the trial court refused. 

Bassett appealed, and the Court of Appeals ruled that the dismissal was improper, given that no hearing was held to determine whether Affirmative had actual notice of the filing before it was dismissed permanently based upon lack of service.  Bassett had presented an acknowledged receipt of certified mail at the insurer's address, at least suggesting actual notice of the filing.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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