Michigan Court of Appeals; Docket Nos. 69698 and 70269; Published
Judges Shepherd, MacKenzie, and Nicolich; Unanimous
Official Michigan Reporter Citation: 140 Mich App 374; Link to Opinion 
STATUTORY INDEXING:
Limitations Period for PPI Claims [§3145(2)]
TOPICAL INDEXING:
Revised Judicature Act – Tolling of Statutes of Limitations (MCL 600.5851 – 600.5856)
CASE SUMMARY:
This is the second trip up the appellate ladder for this case (see Item No. 438). In this decision, after dealing with several procedural issues, the court held that an action for recovery of property protection benefits which was not commenced within one year after the accident in accordance with §3145(2) was untimely and should therefore be dismissed. The court also noted that none of the tolling exceptions found in MCLA 600.5851 through §5855 "worked to prevent the filing of plaintiff s complaint within the one-year period. Nor is this an appropriate situation in which to invoke our equitable powers." Therefore, plaintiff’s complaint for property protection insurance benefits was properly dismissed.
