Wayne County Circuit Court; Docket No. 78801 134-CK; Unpublished
Judge Charles Kaufinan; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
One-Year Back Rule Limitation [§3145(1)]
Tolling of Limitations for Estoppel [§3145]
TOPICAL INDEXING:
Equitable Estoppel
CASE SUMMARY:
This Opinion by Judge Kaufman is the result of the remand by the Court of Appeals in item number 492 wherein the Court recognized that the doctrine of equitable estoppel may apply to toll the no-fault one year statute of limitations contained in §3145(1) of the Act. On remand, Judge Kaufinan found that the equitable estoppel doctrine did, in fact, apply to the facts in this case and thereby tolled the statute of limitations entitling plaintiff to maintain his cause of action. Quoting from non-no-fault case law, the Court held, "If an insurer through negotiations or dilatory tactics, entices an insured to forego bringing suit under an insurance policy until after its limitations period has expired, the insurer will be held to have waived the limitations defense. While it is true that the application of the doctrine of equitable estoppel is determined by the facts of each particular case, it is clear that the negotiations and other delaying tactics employed by the defendant induced the plaintiff not to file suit" Thus, plaintiff was permitted to recover judgment in the amount previously awarded prior to appeal.
