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Jimkoski v State Farm Mutual Automobile Insurance Company; (US Dist. Ct. E.D.-Written, 5/19/2004, RB #2475)

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United States District Court, Eastern District of Michigan; Docket No. 02-CV-71701-DT; Written
Honorable George E. Woods
Official Michigan Reporter Citation: Not applicable; Link to Opinion


STATUTORY INDEXING: 
One-Year Back Rule Limitation [3145]

TOPICAL INDEXING: 
Revised Judicature Act – Tolling of Statutes of Limitations (MCL 600.5851 – 600.5856) 


CASE SUMMARY:
In this written opinion, Judge Woods held that a claim for underpayment of attendant care services spanning a 24 year period was not barred by the provisions of 3145 which state that an action may not be commenced later than one year after the date of the accident causing the injury and more than one year after the most recent allowable expense has been incurred. The court held that the insanity tolling provisions of MCL 600.5851(1) applied to the No-Fault Act’s one year limitation period.

In reaching his decision, Judge Woods rejected State Farm’s argument that the claim before the court was the individual claim of the injured person’s spouse, brought under the guise of a claim by the Estate, and thus would be barred by the one-year back rule. Judge Woods held that under §3112, the right to collect no-fault benefits belongs to the insured, not the care provider.

Judge Woods also denied State Farm’s motion to dismiss plaintiff’s claim of bad faith breach of an insurance contract. The court held that plaintiff does not base the bad faith breach claim on the mere fact that State Farm refused to pay benefits, but rather, plaintiff had plead and presented evidence from defendant’s adjusters suggesting that defendant’s conduct was fraudulent, unreasonable, and outrageous. The court, therefore, declined to dismiss plaintiff’s bad faith claim.


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