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Taylor v American Consumer Ins Co; (JDC-UNP, 3/12/1987; RB #1054)


41 -A Judicial District Court; Docket No. S-86-26812-GC; Unpublished    
Judge Andrew R. Dranchak; Written Opinion  
Official Michigan Reporter Citation:  Not Applicable; Link to Opinion alt    

One-Year Notice Rule Limitation [§3145(1)]  
When Claimants Can Receive PIP Benefits Through the Assigned Claims Facility [§3172(1)]

Michigan Property and Casualty Guaranty Association (MPCGA – MCL 500.7901, et seq.)    

In this written Opinion, Judge Dranchak held that the no-fault statute of limitations contained in §3145 did not bar suit against an insurer who was assigned a claim by the Assigned Claims Facility where Plaintiff’s own no-fault insurance company ceased paying benefits because it became insolvent and was declared bankrupt. After the bankruptcy, plaintiff filed a claim against the servicing insurer, but said suit was filed more than one year after the accident The Court rejected defendant's statute of limitations defense and held, "it was impossible for plaintiff to comply since there was a no-fault carrier and benefits were being paid. It would be unreasonable to expect that each and every potential carrier be contacted on the date of the accident upon a probability that one of the carriers might become bankrupt." The Court also rejected defendant's argument that the Michigan Property and Casualty Guaranty Act (MCLA 500.7901, et seq) preempted the no-fault statute. These types of claims are handled by the Assigned Claims plan pursuant to §3172 of the No-Fault Act

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