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Legal Opinion · Concurrence

Dover & Co. v. United Pacific Insurance

Michigan Court of Appeals

Decided February 25, 1972No. Docket 11632Published

1ConcurrenceLevin, J.

The plaintiff conceded in its answer to the interrogatories put by the defendant surety that it had not served notice of claim on the Michigan State Highway Commission as required by 1905 PA 187; MCLA 570.102; MSA 26.322.

Statutes requiring notice of claim serve a different purpose than statutes of limitations. Statutes of limitations establish an absolute time limit for the commencement of litigation. Statutes requiring notice of claim are not aimed at forestalling litigation altogether, but mainly seek to provide a governmental authority with early warning so that it can assemble information…

2Cases cited11 opinions

  1. Grubaugh v. City of St. JohnsMichigan Supreme Court · 1970
  2. Meredith v. City of MelvindaleMichigan Supreme Court · 1969
  3. Abendschein v. FarrellMichigan Court of Appeals · 1968
  4. Hussey v. City of Muskegon HeightsMichigan Court of Appeals · 1971
  5. People Ex Rel. Wheeling Corrugating Co. v. W. L. Thon Co.Michigan Supreme Court · 1943

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