Phillips v. Detroit Automobile Inter-Insurance Exchange

The plaintiff brought this declaratory judgment action, GCR 1963, 521, to determine her rights under an automobile insurance policy issued by the defendant. The sole issue at trial was whether the plaintiff had received notice of cancellation of the policy in accordance with § 3020 of the Insurance Code, MCLA 500.3020; MSA 24.13020, prior to the date of her collision with an uninsured motorist. The trial judge granted the plaintiff’s motion for summary judgment brought under GCR 1963, 117.2(3), 1 on the ground that there was no actual receipt by the plaintiff of the insurance company’s notice…