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
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.