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Richardson v State Farm Mutual Automobile Insurance Company; (COA-UNP, 12/14/1993; RB #1683)

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Michigan Court of Appeals; Docket No. 150076; Unpublished  
Judges Brennan, Corrigan, and Anderson; Unanimous; Per Curiam  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt   


STATUTORY INDEXING:   
One-Year Notice Rule Limitation [§3145(1)]  
Tolling of Limitations Upon Submission of Claim [§3145]

TOPICAL INDEXING:  
Not Applicable    


CASE SUMMARY:  
In this unanimous per curiam Opinion, the Court of Appeals affirmed the trial court, and held that plaintiff’s claim for wage loss benefits was barred by the statute of limitations provisions of §3145.  

Plaintiff was injured in an automobile accident caused by an uninsured motorist on May 15, 1989. Defendant paid wage loss benefits to plaintiff for a period from the date of the accident through November 10,1989. On March 20,1991, plaintiff submitted a claim for additional work loss benefits for the period from November, 1989 through July of 1990. Defendant denied the claim based upon the one year statute of limitations provision of §3145. Plaintiff argued that the statute of limitations was tolled by virtue of a claim that plaintiff submitted with defendant for uninsured motorist benefits on April 10,1990. However, the court held that since plaintiff failed to provide notice of a specific claim for wage loss benefits, the claim for uninsured motorist benefits did not operate to toll the statute of limitations.  


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