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Farmers Insurance Exchange v Peabody; (USA-PUB, 11/9/1984; RB #795)

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United States Sixth Circuit Court of Appeals; Docket No. 83-1863; Published  
Judges Kennedy, Krupansky, and Milburn; Per Curiam  
Official Federal Reporter Citation: 751 F.2d 385; Link to Opinion alt    


STATUTORY INDEXING:  
One-Year Back Rule Limitation [§3145(1)]

TOPICAL INDEXING:
Legislative Purpose and Intent    


CASE SUMMARY:  

In this per curiam Opinion, the U.S. Sixth Circuit Court of Appeals held that the one-year-back rule set forth in §3145 also applies to claims or demands for an increase in the level of no-fault benefits. Therefore, where litigation was subsequently filed regarding whether the insurer was obligated to increase the level of no-fault benefits, the one-year-back rule came into play preventing plaintiff from receiving any increase in benefits beyond one year prior to the filing of the suit.


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