Michigan Court of Appeals; Docket No. 78-4302 and 78-4283; Published
Judges Kaufinan, Allen, and Glaser; Unanimous; Per Curiam
Official Michigan Reporter Citation: 90 Mich App 682; Link to Opinion 
STATUTORY INDEXING:
Limitations Period for PPI Claims [§3145(2)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In a unanimous per curiam Opinion, the Court of Appeals held that §3145(2) of the statute plainly requires that any action for recovery of property protection insurance benefits must be commenced no later than one year after the accident Thus, where the proper defendants were not joined until 17 months after the accident, there could be no action properly maintainable under §3145(2).
The Court commented in footnote 2 that the decision in Kirkwood (item number 57) was an unpublished per curiam opinion-and had no precedential value. Even if it did, Kirkwood is specifically limited to its peculiar facts.
Finally, in footnote 3 the Court suggested that if the proper parties had not been added to the lawsuit within the one year period for the reason that they could not have been discovered after reasonable effort, the Court "might have been persuaded to adopt a different result."
