MOTOR VEHICLE ACCIDENT CLAIMS ACT
Act 198 of 1965
257.1105 Service of process; secretary of state as agent; procedure; failure to serve as bar to recovery; intervention; exception; limitation on payment.
Sec. 5.
The secretary is deemed to be an agent of the owner or operator of every uninsured motor vehicle for service of process in an action in this state arising out of the use or operation in this state of the uninsured motor vehicle. Where an action is commenced, summons and complaint shall be served on the secretary by certified or registered mail or by leaving a copy thereof with or at the office of the secretary who shall forward a copy of the summons and complaint forthwith by certified mail to the defendant at his last address as recorded with the secretary. In an action to recover damages arising out of the use or operation of an uninsured motor vehicle, failure to serve summons and complaint upon the secretary shall constitute a bar to recovery from the fund. In actions where summons and complaint have been served upon the secretary, the secretary shall have the right to intervene in the action as a party defendant. This act does not apply to an accident occurring after the effective date of this amendatory act for which benefits are payable in whole or in part under sections 3101 to 3179 of Act No. 218 of the Public Acts of 1956, as amended. A payment shall not be made under this act for an accident occurring after the effective date of this amendatory act to an owner or registrant of a motor vehicle for which security under sections 3101 to 3179 of Act No. 218 of the Public Acts of 1956, as amended, is required.
History: 1965, Act 198, Eff. Nov. 1, 1965 ;-- Am. 1967, Act 274, Imd. Eff. July 20, 1967 ;-- Am. 1974, Act 223, Imd. Eff. July 26, 1974
Notes of Decisions
Lisee v. Sec'y of State, 199 N.W.2d 188 (Mich. 1972).
· cites it 4× “Summons and complaint were served on the Secretary of State, with request that defendants Eischer and Bryce be served pursuant to MCLA 257.1105; MSA 9.2805. The director of the Motor Vehicle Accident Claims Fund returned the summons and complaint to plaintiffs' attorney together…”
Schigur v. Sec'y of State, 251 N.W.2d 567 (Mich. Ct. App. 1977).
· cites it 5× “) The next development was 1974 PA 223 , effective July 26, 1974, which amended MCLA 257.1105; MSA 9.2805 by adding the following language.”
Moore v. Sec'y of State, 251 N.W.2d 564 (Mich. Ct. App. 1977).
· cites it 6× “She admits that the 1974 amendment to MCLA 257.1105; MSA 9.2805 must be read as barring her claim against the Fund established by MCLA 257.”
Lisee v. Sec'y of State, 189 N.W.2d 50 (Mich. Ct. App. 1971).
· cites it 4× “Summons and complaint were served on the Secretary of State with a request that the defendants Eischer and Bryce be served pursuant to MCLA § 257.1105 (Stat Ann 1968 Rev § 9.2805).”
Stacey v. Sankovich, 173 N.W.2d 225 (Mich. Ct. App. 1969).
· cites it 2× “A copy of the summons and complaint was served upon the Secretary of State pursuant to MCLA § 257.1105 (Stat Ann 1968 Rev § 9.2805).”
Ortman v. Miller, 190 N.W.2d 242 (Mich. Ct. App. 1971).
· cites it 2× “3 MCLA § 257.1105 (Stat Ann 1968 Rev § 9.2805).”
Lambert v. Calhoun, 210 N.W.2d 796 (Mich. Ct. App. 1973).
· cites it 2× “The Secretary of State intervened in the action pursuant to MCLA 257.1105; MSA 9.2805, and moved for accelerated judgment alleging plaintiff's claim against the Motor Vehicle Accident Claims Fund was barred by the three-year statute of limitations set out in MCLA 257.”
Aetna Cas. & Sur. Co. v. Belcher, 268 N.W.2d 335 (Mich. Ct. App. 1978).
· cites it 2× “The Legislature also amended § 5 of the act, MCL 257.1105; MSA 9.2805, by adding the last two sentences of that provision by 1974 PA 223 which became effective July 26, 1974.”
Seffens v. Muradian, 169 N.W.2d 657 (Mich. Ct. App. 1994).
“* MCLA 1969 Cum Supp § 257.1105 (Stat Ann 1968 Rev § 9.2805).”
Thyne v. Beggs, 233 N.W.2d 278 (Mich. Ct. App. 1975).
“1 In the factual context in which they occurred, the comments of another panel of this Court in Bludders v State Farm Mutual Insurance Co, 52 Mich App 714, 716-717 ; 218 NW2d 107 (1974) discussing the notice by summons and complaint provision of MCLA 257.1105; MSA 9.2805, are…”
Bludders v. State Farm Mut. Ins., 218 N.W.2d 107 (Mich. Ct. App. 1974).
“) MCLA 257.1105; MSA 9.2805. The plaintiff contends that his action in sending a copy of the summons and complaint after a default judgment had been entered, coupled with an offer to set aside the default, was sufficient compliance with this statute.”
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