Michigan Court of Appeals; Docket No. 130290; Unpublished
Judges Weaver, Wahls, and Taylor; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Applicability of Limitations Period to Claims By Insurers Against Other Insurers [§3145]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam published Opinion, the Court of Appeals held that the one year period of limitation contained in §3145(1) applies to an action brought by a no-fault insurer against a health insurer for reimbursement of medical expenses paid by the no-fault insurer to the injured party.
The Court of Appeals, in reversing the trial court grant of summary disposition in favor of the no-fault carrier, Farm Bureau, held that the reimbursement action brought by Farm Bureau based upon a coordination of benefits clause in its policy, was untimely pursuant to the one year statute of limitation contained in §3145(1). The court relied, in its decision, on the recent holding in Auto Club Insurance Association v New York Life Insurance Company, 187 Mich App 276 (1991) which so held. Consequently, Farm Bureau's claim was barred by the statute of limitations.