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
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.