Michigan Court of Appeals; Docket No. 61916; Published
Judges Cynar, Kaufinan, and MacKenzie; 2-1; Per Curiam
Official Michigan Reporter Citation: 127 Mich App 45; Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
Tolling of Limitations Upon Death [§3145]
TOPICAL INDEXING:
Revised Judicature Act – Tolling of Statutes of Limitations (MCL 600.5851 – 600.5856)
CASE SUMMARY:
In this 2-1 per curiam Opinion, the Court of Appeals held that the death tolling provisions of MCLA 600.5852 apply to the one year notice Limitation period contained in §3145 of the No-Fault Act. In addition, this death tolling provision also applies to the "one year back rule" contained in the same no-fault statute of limitations. In so holding, the majority relied upon the earlier opinion of the Court of Appeals in Epps v Transit Casualty Co (item number 551), as well as other opinions which reach the same conclusion concerning the minority and insanity tolling provisions of the RJA [see Geiger v DAIIE (item number 510), Rawlins v Aetna Casualty (item number 230 and Hartman v INA (item number 418)].
Judge MacKenzie dissented on the basis that the death tolling provision was not raised by the parties in briefs on oral argument and thus she would defer decision on this issue.
