Michigan Court of Appeals; Docket No. 125016; Published
Judges Kelly, Holbrook, and MJ. Kelly; Unanimous; Per Curiam
Official Michigan Reporter Citation: 190 Mich App 305; Link to Opinion 
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Private Contract (Meaning and Intent)
Uninsured Motorist Benefits: Notice and Statute of Limitations for Uninsured Motorist Coverage
Uninsured Motorist Benefits: Arbitration of Uninsured Motorist Claims
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals affirmed summary disposition in favor of defendant on plaintiff’s complaint for declaratory relief seeking an order compelling defendant to proceed with arbitration on plaintiff’s uninsured motorist claim. The defendant refused to arbitrate the uninsured motorist claim on the basis that demand for arbitration had not been made until more than five years after the accident. The uninsured motorist policy issued by defendant required that a demand for arbitration be made within three years of the date of the accident. The Court of Appeals affirmed the trial court's decision to enforce the three-year contract limitation. The court rejected plaintiff’s argument that the limitation period was tolled until plaintiff discovered that the tortfeasor was uninsured. In rejecting this, the court stated, "We decline to impose a discovery rule of accrual. Uninsured motorist coverage is not required by the No-Fault Act Its availability is governed by the insurance contract between the parties. The contract in this case specifically states that the claims period begins to run from the date of the accident. This court has previously refused to read a discovery rule into the No-Fault Act, because the Act specifically provides that the action accrues at the time of the accident.” Gagiiardi v Flack (Item No. 1292) and Kalata v Allstate (Item No. 762).
