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State Farm Mutual Insurance Company v Farmers Insurance Exchange; (COA-UNP, 9/26/2000; RB #2171)


Michigan Court of Appeals; Docket No. 220947; Unpublished
Judges White, Talbot, and Danhof; Unanimous; Per Curiam
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    

One-Year Back Rule Limitation [§3145(1)]
Applicability of Limitations Period to Claims by Insurers Against Other Insurers [§3145]
Recoupment Between Equal Priority Insurers [§3115(2)]
Penalty Attorney Fees Between Insurers [§3148]

No-Fault Insurer Claims for Reimbursement   

In this unanimous unpublished per curiam Opinion, the Court of Appeals, citing its previous holding in Titan Insurance Company v Farmers [Item No. 2145], held that the one year back limitation period set forth in section 3145(1) of the statute does not apply to an insurance company seeking recoupment from another insurance company under section 3115. Rather, the general six year statute of limitation contained in MCLA 600.5813 controls in that situation.

The court also held that the trial court committed reversible error when it awarded attorney fees under section 3148 to the plaintiff insurance company who was seeking reimbursement. The court held that plaintiff insurance company is not entitled to an award of attorney fees under the statute, because section 3148 only authorizes a claimant to be reimbursed. The plaintiff in this case is an insurance company, not a no-fault claimant, and did not "advise or represent a claimant" as referred to in section 3148. Therefore, an award of attorney fees to plaintiff insurance company was inappropriate.

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