Michigan Court of Appeals; Docket No. 81431; Published
Judges Kelly, Shepherd, and Knoblock; Unanimous
Official Michigan Reporter Citation: 158 Mich App 276; Link to Opinion 
STATUTORY INDEXING:
One-Year Back Rule Limitation [§3145(1)]
Tolling of Limitations Upon Submission of Claim [§3145]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion by Judge Knoblock, the Court of Appeals reversed an entry of accelerated judgment in favor of defendant on the issue of the one year back rule in §3145(1).
Plaintiff was injured in an accident on March 6, 1981. Defendant Allstate paid benefits to plaintiff on March 17, 1982. On June 11, 1982, plaintiff filed an action claiming that defendant had only partially compensated him for his lost wages and medical expenses. This "first" lawsuit was dismissed on December 16, 1983 for lack of proper service of process. On the same day of dismissal, plaintiff filed another lawsuit involving the same claim. Defendant moved for accelerated judgment, contending that all of plaintiff's no-fault benefits had accrued prior to December 15, 1982, and thus, "the action should be dismissed under the one year back rule of §3145(1)." The trial court granted accelerated judgment on this basis. On appeal, plaintiff argued that because defendant did not formally deny plaintiff’s claim for no-fault benefits until January 1984, the no-fault statute of limitations was tolled from the time plaintiff formally notified defendant of his need for continued benefits in June 1982.
In reliance upon the Supreme Court decision in Lewis v DAIIE (Item No. 936), the Court of Appeals reversed the decision of the trial court, holding that the one year back limit is tolled from the date a claimant makes a specific claim for benefits until the date the insurer formally denies liability. Applying the principles of Lewis to this case, the Court of Appeals reversed the judgment of the trial court and remanded for further proceedings.
