May 16, 2012
On May 15, 2012, the Michigan Supreme Court handed down a major decision dealing with Michigan’s No-Fault Act. Joseph v ACIA, ____ Mich ____ (2012), Docket # 142615, overruled Regents of the University of Michigan v Titan, 487 Mich 289 (2010) and reinstated Cameron v ACIA, 476 Mich 55 (2006).
The Supreme Court had granted ACIA’s bypass application to determine whether the minority/insanity tolling provision of MCLA 600.5851(1) applied to toll the One Year Back Rule of MCLA 500.3145(1). The Supreme Court answered that question:
We once again hold the minority/insanity tolling provision, which addresses only when an action may be brought, does not preclude the application of the One Year Back Rule, which separately limits the amount of benefits that can be recovered.
In June 1977, the plaintiff, who was only 17 at the time, was involved in a motor vehicle accident in which she suffered a traumatic brain injury and quadriplegia. The defendant had paid more than $4 million dollars in PIP benefits since the date of the accident.
On February 27, 2009, the plaintiff filed a complaint seeking additional no-fault benefits for allegedly unpaid case management services provided by the plaintiff’s family members dating back to 1977. The defense moved for a partial summary disposition pursuant to the One Year Back Rule arguing that the plaintiff’s claim for benefits was limited to the period beginning February 27, 2008, the date one year before suit was filed. The plaintiff responded to that motion by claiming that her “insanity” over the past 32 years had operated to toll the One Year Back Rule.
The Supreme Court rejected the plaintiff’s position and adopted the defense position.
The Supreme Court cited the following language from the dissent in U of M v Titan:
. . . it is clear that while a political subdivision may bring an action at any time, it cannot recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. In other words, MCL 600.5821(4), which pertains only to when an action may be commenced, does not preclude the application of the one year back rule, which only limits how much can be recovered after the action has been commenced. 487 Mich, 289, 339.
The Supreme Court distinguished between when an action may be brought and the amount of benefits that can be recovered.
In conclusion, MCLA 600.5851(1) and MCLA 600.5821(4) can operate to allow minors, the insane and the State of Michigan to provide written notice of injury more than 1 year after the date of the accident. However, regardless of when suit is actually filed, the One Year Back Rule contained in 3145(1) operates to limit recovery to those losses incurred within 1 year before the date suit is filed.
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PLEASE SEE BELOW FOR UPCOMING GARAN LUCOW MILLER COMPLIMENTARY SEMINARS…
REGISTER NOW!!!
Indy City Seminar
JW Marriott, Indianapolis
Wednesday, May 23, 2012
8:30 a.m. – 1:00 p.m.
To register contact: ecarty@garanlucow.com
INDY CITY SEMINAR – CONTINUING EDUCATION CREDIT
Garan Lucow Miller, P.C. is pleased to announce that the Indy City Seminar has been approved for 3 credit hours of continuing education credit from the IN Dept of Insurance.
Drawing to win 4 tickets to the Indy 500!
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UPCOMING TROY BREAKFAST SEMINAR
Due to a scheduling conflict, we have re-scheduled the Troy Breakfast Seminar to take place on August 30, 2012.
Troy Breakfast Seminar
Marriott, Troy, MI
Thursday, August 30, 2012
8:30 a.m. – 12:30 p.m.
To register contact: ecarty@garanlucow.com
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GARAN LUCOW MILLER
INDY CITY SEMINAR
Garan Lucow Miller, P.C. is pleased to present a half day seminar covering both Indiana and Michigan Law on May 23, 2012, at the JW Marriott, located at 10 S. West Street, in downtown Indianapolis (317) 860-5800. Comprehensive written materials will be distributed to all seminar attendees.
8:30 – 8:55 Continental Breakfast – Registration
8:55 – 9:00 Welcome and Introductions
David N. Campos
9:00 – 9:30 Michigan First-Party No-Fault (PIP) Update
Speaker: David N. Campos
9:30 – 9:55 Indiana First-Party Law Update
Speaker: Gregory M. Bokota
9:55 – 10:15 Intellectual Property
Speaker: Robert D. Goldstein
10:15 – 10:25 Break
10:25 – 10:45 Michigan Premises Liability Update
Speaker: L. Ladd Culbertson
10:45 – 11:10 Michigan Third-Party Automobile Negligence Update
Speaker: L. Ladd Culbertson
11:10 – 11:35 Indiana Third-Party Law Update
Speaker: Gregory M. Bokota
11:35 – 12:00 Case Evaluation and Facilitation
Speaker: Robert D. Goldstein
12:00 – 12:45 Accident Reconstruction and “The Little Black Box”
James Hrycay – Hrycay Consulting Engineers
12:45 – 1:00 Questions and Answer Session
COURSE APPROVED FOR 3 CREDIT HOURS OF CONTINUING EDUCATION BY THE INDIANA DEPARTMENT OF INSURANCE!
If you are able to attend this complimentary event, please register via e-mail to Eileen Carty at: ecarty@garanlucow.com – We hope to see you there! –