Automobile Club Insurance Association v State Farm Mutual Insurance Company; (COA-UNP, 8/15/1990; RB #1398)

Print

Michigan Court of Appeals; Docket No. 118115; Unpublished  
Judges McDonald, MacKenzie, and Weaver; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt  


STATUTORY INDEXING:  
PIP Liens Regarding Out of State Tort Claims [§3116(2)]  
Limitations Period for Enforcing Lien Rights Under Section 3116 [§3146]

TOPICAL INDEXING: 
Not Applicable  


CASE SUMMARY:  
In this unanimous per curiam Opinion, the Court of Appeals held that an insurer’s right under §3116 to be reimbursed out of a tort recovery is subject to the one-year statute of limitations contained in §3146. In this case, the reimbursement claim was barred by the one-year rule because plaintiff failed to file the instant action within one year of the time payment was made to the claimant's subrogor, or the date plaintiff received formal denial of its claim.