Wayne County Circuit Court; Docket No. 82-201-573-NI; Unpublished
Judge Thomas Roumell; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Obligation of the Assigned Claims Insurer to Preserve and Enforce Indemnity or Reimbursement Rights Against Third Parties [§3175(2)]
Time Limitations Applicable to Enforcing Indemnity or Reimbursement Rights Against Third Parties [§3175(3)]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a written Opinion involving an issue which appears to be one of first impression, Judge Roumell ruled that assigned claims insurers attempting to "preserve and enforce rights to indemnity or reimbursement" of personal protection benefits paid, pursuant to §3175, are governed by the general six year statute of limitation set forth in MCLA 500.5813 when they proceed against the owner of an uninsured vehicle. The Court reasoned that "the application of a one year statute of limitations or a one year 'throw back' rule in the instant case would be unreasonable in view of the legislative plan for allowing servicing carriers to enforce their indemnity rights against uninsured owners and in order to reduce the costs of funding the Assigned Claims Facility."
