Wayne County Circuit Court; Docket No. 76-630-690-CK; Unpublished
Judge George Martin; Written Opinion
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]
Tolling of Limitations for Estoppel [§3145]
TOPICAL INDEXING:
Equitable Estoppel
CASE SUMMARY:
In the first reported decision regarding the one year Statute of Limitations for collection of PIP benefits (§3145 of the No-Fault Statute) Judge Martin held that there are two circumstances which prevent the statute from barring a claim for first party benefits. First, the court held that assurances given by the agents of an insurance company that payment is forthcoming and which induces justifiable reliance on the part of the insured, estops the insurance company from asserting the Statute of Limitations. Second, the court held that the one year Statute of Limitations is tolled until such time as the insurance company actually denies liability under the contract of insurance. Accordingly, the court held that the period of time absorbed in obtaining forms verifying the claim, negotiating back and forth, etc., is not time which is to be computed in the running of the Statute of Limitations.
