Michigan Court of Appeals; Docket No. 77157; Published
Judges Holbrook, Jr., T. M. Burns, and Caprathe; 2-1; Per Curiam (With Judge Holbrook, Jr. Dissenting)
Official Michigan Reporter Citation: 147 Mich App 262; 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 2-1 per curiam Opinion, the court applied the Richards v American Fellowship tolling rule to a case where plaintiffs had notified their insurance company within one year of the accident and the insurer took the claim under advisement for over three years without denying liability. When plaintiffs filed suit, the defendant filed a motion for accelerated judgment on the basis that the claim was barred by the statute of limitation provisions of §3145. The trial court denied the motion on the basis of Richards and the Court of Appeals affirmed. The court stated:
"The period of limitations provided in the statute is tolled from the time written notice is provided to the insurer until the time the insurer formally denies the no-fault claim."
Judge Holbrook, Jr. dissented.
