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Insurer sues woman over '05 car crash

A Michigan insurance company is suing a Suttons Bay woman for almost $42,000 to recover costs for claims it paid following a car crash three years ago.

Farm Bureau Mutual Insurance Company filed suit Monday in 13th Circuit Court in Leelanau County against Felicia F. Moreno of Suttons Bay seeking $41,391.66 plus court costs, attorney fees and interest.

According to the complaint filed on the insurance company’s behalf, on Jan. 12, 2005, Moreno was driving a 1993 four-door Lincoln that was involved in crash in the Village of Suttons Bay. As a result, a passenger in Moreno’s car, Noelia Chippewa, allegedly was injured. Farm Bureau claims that at the time of the accident, Moreno had no insurance on the car, in violation of the state’s no-fault insurance law.

As of Tuesday morning, Moreno had not filed a response to the complaint and no hearing date on the matter has been scheduled.

After the accident, Chippewa filed a claim with the Assigned Claims Facility of the Michigan Secretary of State for personal protection insurance benefits under the state’s no-fault law. Farm Bureau was assigned the claim. The insurance company claims it has paid or will be called upon to pay $20,012.65 to Chippewa for insurance benefits. including medical treatments. It will also have to pay $13,515.66 in attorney fees, $1,645.85 in costs to continue defending itself against Chippewa’s claims, and has incurred $6,217.50 in “loss adjustment costs.”

Under the state’s no-fault law, the insurance company may attempt to recover all no-fault benefits from the person driving the uninsured vehicle that resulted in the filing of a claim. A hearing date has not be set for the complaint.

A review of Magistrate court records from 2005 shows that Moreno did not receive a traffic ticket for the Jan. 12, 2005, incident. Records do show she received a ticket from a Grand Traverse Band Police Department officer in September 2005 for not having insurance on her vehicle.

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