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

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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   


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

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


CASE SUMMARY:  
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.


Lansing car accident lawyer Stephen Sinas is the lead editor of the appellate case summaries published on this site regarding the Michigan auto insurance law. To learn more about how Stephen Sinas and how the Sinas Dramis Law Firm can help you if you have been injured in a Michigan auto accident, visit SinasDramis.com.

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