Wayne County Circuit Court; Docket No. 79-921-248-NI; Unpublished
Judge William L. Cahalan; Written Opinion
Official Michigan Reporter Citation: Not Applicable; Link to Opinion 
STATUTORY INDEXING:
Nature and Scope of PPI Benefits (Property Damage and Loss of Use) [§3121(1)]
General / Miscellaneous [§3135]
Mental Anguish PTSD Claims [§3135]
Limitations Period for PPI Claims [§3145(2)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a written Opinion which contained several significant holdings regarding a claim for property protection insurance benefits, Judge William Cahalan held:
1. Based on the rationale of the Court of Appeals opinions in Home Insurance Company v Rosquin (item number 203) and Richards v American Fellowship (item number 101), the one year statute of limitations contained in §3145(2) with regard to claims for property protection insurance benefits, is tolled from the date the property protection insurer commences repairs until the date the repairs are discontinued. Judge Cahalan felt that such a tolling rule was necessary "otherwise, an insurer could be encouraged to 'string along' a property protection claimant by making partial repairs until the expiration of 12 months from the accident, and therefore be immune from suit. Such an eventuality would be unreasonable."
2. There is no tort liability for the property damage sustained in this case (damage to a home caused by a motor vehicle) because of the tort remedy restrictions contained in §3135 of the Act. Thus, the driver of the motor vehicle is entitled to summary judgment.
3. The plaintiff homeowner was not entitled to seek damages for mental distress because of the unreasonable delay in making the repairs to a residence. Judge Cahalan ruled that "absent physical impact, the mental distress must arise out of a situation wherein one fears for his personal safety or that of a member of a special — class of persons." Such was not the situation in this case and, thus, summary judgment on the claim for mental anguish damages was proper.
