Michigan Court of Appeals; Docket No. 58343; Published
Judges T. M. Burns, Beasley, and Simon; Unanimous; Per Curiam
Official Michigan Reporter Citation: 120 Mich App 623; Link to Opinion 
STATUTORY INDEXING:
One-Year Notice Rule Limitation [§3145(1)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous per curiam Opinion, the Court held that a plaintiff who did not timely sue a no-fault insurance company for first party benefits because the law on motorcycle priority was unsettled at the time, could not claim tolling of the statute of limitations under the equitable doctrine of contra non valentem currit prescripto (a prescription does not run against the party who could not bring a suit), where plaintiff knew the identity of the two insurance companies who were potentially liable for the claim, and knew that the law was unsettled and could have sued both in the alternative.
