Michigan Court of Appeals; Docket No. 59015; Published
Judges Maher, Bronson, and Snow; Unanimous; Per Curiam
Official Michigan Reporter Citation; 120 Mich App 279; Link to Opinion
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
One-Year Back 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 unanimous per curiam Opinion, the Court of Appeals relied upon previous decisions in Rawlins v Aetna (item number 230), Hartman v INA (item number 418), and Geiger v DAIIE (item number 510), and held that the death saving provisions of MCLA 600.5852 are applicable to toll the no-fault one year statute of limitations set forth in §3145(1), as well as the "one year back rule" on the limitation of recovery set forth in the same section.