Michigan Court of Appeals; Docket Nos. 191486 and 191487; Unpublished
Judges MacKenzie, Holbrook, and Pickard; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Limitations Period for PPI Claims [§3145(2)]
Tolling of Limitations for Estoppel [§3145]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous unpublished per curiam Opinion, the Court of Appeals strictly enforced the one year statute of limitations for property protection insurance claims under §3145(2) of the statute and, in so holding, refused to recognize any tolling exceptions to that rule. Although certain tolling provisions had been recognized as applying to the one year statute of limitations set forth in §3145(1) regarding personal injury protection benefits, those tolling exceptions did not apply to claims for property protection benefits under §3145(2) because the latter section fails to include any notice provisions or tolling provisions, thus differentiating it from the one year rule set forth in §3145(1).
The court also held that the defendant insurance company was not estopped from asserting a statute of limitations defense because there was no evidence that the defendant had concealed a cause of action or misrepresented the statute of limitations, or induced the plaintiff into not bringing the action at an earlier time.