Michigan Court of Appeals; Docket No. 205577; Unpublished
Judges Hood, Holbrook, Jr., and Whitbeck; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
One-Year Back Rule Limitation [§3145(1)]
Tolling of Limitations Upon Submission of Claim [§3145]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam unpublished Opinion, the Court of Appeals held that the one year back rule contained in the No-Fault Act, section 3145(1), barred plaintiff’s claim for replacement service, attendant care and medical mileage expenses which plaintiff submitted 16 years after they were incurred. The court rejected plaintiff's argument that the one year back rule was tolled and that Progressive had a duty to advise her of her entitlement to benefits for replacement services, attendant care, medical mileage and railed to do so.
The Court of Appeals held that notice of an injury that simply informs the insurer of the name and address of the claimant and the time, place and nature of an injury, cannot serve as the specific claim that triggers tolling under Welton v Carriers Insurance Company, 421 Mich 571 (1984) (Item No. 801) and Lewis v DAIIE, 426 Mich 93 (1986) (Item No. 936). In those cases, it was held that the one year back rule was tolled from the time that an insured files a specific claim for benefits until the insurer denies the claim. In this case, plaintiff’s application for benefits was not sufficient to act as a triggering event for tolling purposes. Further, the court held that plaintiff did not pursue reimbursement of her claim in a reasonably diligent manner.
