Michigan Court of Appeals; Docket No. 114324; Unpublished
Judges Weaver, Gillis, and Cavanagh; Unanimous; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Coordination with Other Health and Accident Medical Insurance [§3109a]
One-Year Notice Rule Limitation [§3145(1)]
TOPICAL INDEXING:
No-Fault Insurer Claims for Reimbursement
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court of Appeals held that the one-year statute of limitations contained in §3145(1) barred an action by a no-fault insurer against a health insurer for reimbursement of benefits erroneously paid by the no-fault insurer when both insurers had conflicting coordination clauses. Even though the plaintiff no-fault insurer attempted to characterize the claim as a contract claim for indemnification, the court, relying on Badger State Mutual v Auto Owners (Item No. 705) stated, "no matter how one characterizes this action, it is in effect a suit for recovery of no-fault benefits. It is the subject matter of the action, not the parties involved, that determines whether the limitations period is applicable." Therefore, the one-year no-fault statute of limitations, not the limitations period for contract actions, controlled the case.
