United States District Court Eastern District of Michigan; Docket No. 80-70941; Unpublished
Judge Robert E. DeMascio; Written Memorandum and Order
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
One-Year Back Rule Limitation [§3145(1)]
Tolling of Limitations Upon Submission of Claim [§3145]
TOPICAL INDEXING:
Legislative Purpose and Intent
CASE SUMMARY:
In a written "Memorandum and Order," Federal Judge DeMascio interpreted the "tolling rule" enunciated in Richards v American Fellowship, item number 101, to mean that the statute of limitations contained in §3145(1) of the Act was not tolled until a claim was made for the specific amount of benefits that plaintiff claimed was due and owing. A claimant could simply not give notice of an accident and then, years later, make claim for certain expenses which were incurred prior to the one year back rule contained in §3145. Judge DeMascio held, "Indeed, if the Richards rule were otherwise, insurance companies would find themselves in untenable situations. A plaintiff could file a generalized proof of loss statement soon after an accident and then wait 20 years to file a claim for benefits. Under plaintiff’s interpretation of Richards, §3145(1) would be tolled throughout the entire period. The insurance company would have no way of restarting the running of the §3145(1) limitations period, because it could not formally deny a claim that had not yet been brought."
