Michigan Court of Appeals; Docket No. 29830; Published
Judges D. C. Riley, Walsh, and A. C. Miller; Unanimous
Official Michigan Reporter Citation: 84 Mich App 629; 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 significant decision by Judge A. C. Miller regarding notice provisions and the statute of limitations controlling actions to recover PIP benefits, the Court held that the running of the one-year statute of limitations contained in §3145 of the no-fault statute was tolled from the day the plaintiff gave notice of loss until the insurance company formally denied liability.
In adopting such a construction of §3145, the Court reasoned:
"Unable to profit from processing delays, insurance companies will be encouraged to promptly assess their liability and to notify the insured of their decision. At the same time, the insured will have a full year in which to bring suit."
The Court also ruled that inasmuch as this case involved a serious question of statutory interpretation, attorney fees should not be charged." However, the Court permitted full recovery of the statutory 12 percent interest on the overdue benefits.
The Court also indicated in footnote two of its decision that the word "incurred" as utilized in §3145(1) of the act refers to when the plaintiff was actually billed for medical services.
The Court also intimated that where the plaintiff does not have a coordinated benefits provision, plaintiff is entitled to recover for all medical expenses incurred by him, including those paid on behalf of plaintiff by Blue Cross/Blue Shield.
