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Michigan Mutual Ins Co v Home Mutual Ins Co; (COA-PUB, 7/26/1981; RB #439)


Michigan Court of Appeals; Docket No. 54615; Published  
Judges Kelly, Beasley and Baguley; Unanimous  
Official Michigan Reporter Citation: 108 Mich App 274; Link to Opinion alt    

One-Year Notice Rule Limitation [§3145(1)]  
Applicability of Limitations Period to Claims by Insurers Against Other Insurers [§3145]

No-Fault Insurer Claims for Reimbursement   

In this unanimous Opinion by Judge Kelly, the Court of Appeals held that the one-year statute of limitations contained in §3145 of the No-Fault Act applied in a subrogation action where one no-fault insurance company sued another to obtain reimbursement for no-fault benefits mistakenly paid. The court relied on the legal principle that a subrogee acquires no greater rights than his subrogor.

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