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Andrews v Allstate Insurance Company; (USD-PUB, 10/31/1979; RB #282)


United States District Court, Eastern District of Michigan; Docket No. 79-70563; Published  
Judge Charles W. Joiner; Written Opinion  
Official Michigan Reporter Citation: 479 F Supp 481; Link to Opinion alt   

One-Year Notice Rule Limitation [§3145(1)]  
One-Year Back Rule Limitation [§3145(1)]  
Tolling of Limitations Upon Submission of Claim [§3145]

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

In a written Opinion dealing with a rather complicated set of facts, Judge Joiner held that the length of time that the no-fault statute of limitations (§3145) is tolled under the doctrine of Richards v American Fellowship (item number 101) is dependent upon the dates that a plaintiff provides notice of loss and requests for payment and the defendant insurer's actions which could be construed as being a denial of liability. These are matters of fact.

Judge Joiner also held that the tolling provisions of MCLA 600.5856(3) apply in a situation where a previously filed complaint for no-fault benefits was subsequently dismissed without an adjudication on the merits.

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