SAWYER, P.J.
At issue in this case is the question of how specific must a notice of injury be under MCL 500.3145(1). More particularly, we must decide whether the notice must identify the specific injury for which the insured later seeks coverage. We hold that the notice does not have to identify the specific injury.
Plaintiff was injured in August 2008 when she was struck by a motor vehicle while she was crossing the street. She was transported by ambulance to the hospital. Her initial complaints were of upper and lower back pain and various abrasions. After various imaging studies, no significant injuries were noted. When plaintiff spoke with a representative from defendant, she complained only of injuries to her lower back and left shoulder and various abrasions; no mention was made of an injury to her left hip. Defendant made payments related to those injuries that plaintiff had identified.
In March 2011, plaintiff sought treatment for hip pain. She again sought treatment in December 2011 for left hip pain. She underwent physical therapy to relieve the pain. Treatment continued into early 2012. After an arthrogram was performed on February 3, 2012, plaintiff was diagnosed with a left anterosuperior quadrant labral tear and detachment. Arthroscopic surgery was performed in March 2012. Because plaintiff attributed the hip injury to the 2008 accident, she sought payment of personal protection insurance benefits from defendant. Defendant denied the claim on the basis that it had not received notice of the hip injury within one year of
MCL 500.3145(1) provides as follows:
Given this statutory language, the question presented in this case is whether it was necessary for plaintiff to specifically identify in her notice of injury an injury to her left hip in order to successfully pursue a claim for benefits related to her hip injury, when the hip-injury claim arose more than one year after the accident. In particular, we must determine what is meant in the last sentence of § 3145(1) by "the time, place and nature" of the injury.
Defendant does identify some unpublished decisions of this Court that seem to support its decision to deny the hip-injury claim. But defendant points to no published decision of this Court or the Supreme Court that clearly resolves this question, and we have not discovered any such opinion ourselves. The unpublished opinions relied on by defendant seem to trace their holdings to our decision in Mousa v. State Auto. Ins. Cos.
Mousa goes into no detail about the extent of the notice of injury and its guidance is limited to these two sentences: "The notice must be specific enough to inform the insurer of the nature of the loss. It must give sufficient information that the insurer knows or has reason to know that there has been a compensable loss."
While hardly definitive regarding the question before us, it would seem that the Welton Court, to the extent the opinion has any relevance after Devillers v. Auto. Club Isn. Ass'n,
Therefore, we must turn to the words of the statute itself to divine its meaning. Looking to the first sentence of § 3145(1), we contrast the phrase "notice of injury" with the phrase "benefits for the injury." In the first phrase, which describes the notice that must be given to relax the application of the one-year-back rule, the use of the definite article "the" is conspicuously absent. The fact that the Legislature uses it later in the same sentence suggests that it was not mere oversight or poor grammar. The definite article "the" is "used as a function word to indicate that a following noun or noun equivalent is definite" or that it "is a unique or particular member of its class," and it also serves "as a function word before a noun to limit its application to that specified by a succeeding element in the sentence[.]"
Turning to the last sentence of § 3145(1), the Legislature tells us that, among other things, the notice shall give the "nature of his injury." Merriam-Webster's defines "nature" in this context as "a kind or class [usually] distinguished by fundamental or essential characteristics[.]"
In conclusion, because plaintiff gave notice of injury within one year of the accident, § 3145(1) allows her to recover personal protection insurance benefits for any loss incurred within one year of the commencement of the action.
Affirmed. Plaintiff may tax costs.
MURPHY and RONAYNE KRAUSE, JJ., concurred with SAWYER, P.J.