Michigan Court of Appeals; Docket No. 186256; Unpublished
Judges Michael J. Kelly, O'Connell, and K.W. Schmidt; Unanimous (with Judge O’Connell Concurring in Result Only); Per Curiam
Official Michigan Report Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Standards for Deductibility of State and Federal Governmental Benefits [§3109(1)]
Social Security Disability Benefits [§3109(1)]
One-Year Back Rule Limitation [§3145(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this per curiam unpublished Opinion involving coordination of social security disability benefits under the no-fault act, the Court of Appeals held that the plaintiff insurance company was entitled to summary disposition on the uncontested facts and based upon the Supreme Court decision in Profit v Citizens Insurance Company, 444 Mich 281 (1993). The only issue on appeal was whether or not the insurance company was entitled to reimbursement of the social security offset for more than a one year period.
The Court of Appeals held that as a general rule, appellate court decisions are entitled to full retroactivity. The Court of Appeals rejected defendant's claim that the insurance company should be held to a one year statute of limitations under §3145 of the no-fault act. The Court of Appeals held that §3145 of the no-fault act did not apply to this action. There being no other statute of limitations, the general six year of limitation of RJA.
