February 03, 2011
In the long awaited decision, Regents of the University of Michigan v Titan Insurance Co.,
the Michigan Supreme Court has reinstated tolling for minors and mental incompetents as to the
“one year back” limitations of MCL 500.3145(1). It also ruled that Michigan governmental
agencies are not subject to the same “one year back” limitations.
In 2006, the Supreme Court held2 that the “one year back” provision of Section 3145(1) was
a limitation on damages, rather than a statute of limitations. As a consequence of that
3Liptow v State Farm, 272 MA 544 (2006).
4DeVillers v ACIA, 473 Mich 562 (2005).
interpretation, the tolling provisions for minors and mental incompetents provided by MCL
600.5851(1) was unavailable. Likewise, the immunity provisions of MCL 600.5821(4) for Michigan
governmental agencies was eliminated.
In a 4-3 split, the Court decided to expressly overrule Cameron which, in turn, required the
Court to disavow the Liptow3 case, which was decided entirely based upon Cameron.
Summarizing the results of Regents of the University of Michigan v Titan:
1. The University of Michigan Hospital, as a political subdivision of the State of
Michigan, is not subject to either the one year notice or one year back provision of
MCL 500.3145(1).
2. The State of Michigan Department of Medicaid is not subject to either the one year
notice or one year back provisions of MCL 500.3145(1).
3. A minor has until his 19th birthday to begin an action for benefits incurred through his
18th birthday. After his 19th birthday, the one year back limitation applies unless he
was rendered mentally incompetent by the accident. The one year notice provision
does not apply if suit is filed on or before the claimant’s 19th birthday.
4. A person who is rendered mentally incompetent by an accident must bring an action
within one year of regaining competency to avoid both the one year notice and the
one year back provision.
This case does not alter another very important Supreme Court case:
1. In DeVillers v ACIA4, the Court held that the mere submission of an expense does
not toll the “one year back” provisions of MCL 500.3145(1). Thus, in determining
whether a claim is timely filed, the billing and supporting documentation must be
submitted within one year of the date the expense is incurred.
This case, along with McCormick v Carrier, will be discussed in depth at the Firm’s Fall
Breakfast Seminar on September 23, 2010 at the Troy Marriott Hotel. We expect a full house for
this seminar and we would suggest you reserve your seat today!
Upcoming Seminars
ANNUAL TROY BREAKFAST SEMINAR
Thursday, September 23, 2010 at the Troy Marriott. This seminar will be broadcast live via
Webinar. To register please contact Eileen Carty at ecarty@garanlucow.com
BUCKEYE SEMINAR
Wednesday, October 13, 2010 at the Greater Columbus Convention Center in Columbus, Ohio.
Agenda to follow at a later date.
WINDY CITY SEMINAR
Thursday, November 4, 2010 at the DoubleTree Hotel in Arlington Heights, Illinois. Agenda to
follow at a later date.
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BASICS OF NO-FAULT
Mr. Borin will be teaching the Fundamentals of No-Fault (PIP) from Tuesday September 14 through
Tuesday November 16, 2010. The classes will be held at the Offices of Citizens Insurance Company in
Howell, Michigan from 5:30 to 7:30 p.m. Please contact Denise Tedder at (248)641-7600 or
dtedder@garanlucow.com to register.
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SAVE THE DATE
The 3rd Annual Cherry- Roubaix Race, sponsored by Garan Lucow Miller, P.C., will be held on
Saturday and Sunday, August 28th and 29th, 2010, through the historic streets in the heart of Traverse
City.
Mark your calendars to join us at this exciting event. If you have any questions or would like
additional information on this race, please go to www.cherry-roubaix.com or contact Peter Worden, in
our Traverse City office at: (231) 941-1611.
GARAN LUCOW MILLER, P.C.
ANN ARBOR • DETROIT • GRAND BLANC • GRAND RAPIDS • LANSING • MARQUETTE • PORT HURON • TRAVERSE CITY • TROY
MERRILLVILLE, INDIANA
Garan Lucow Miller, P.C., a full-service law firm since 1948, providing quality representation to a national
clientele from the Great Lakes Region, is pleased to announce that it has opened an office in Merrillville,
Indiana, to further facilitate your claim and litigation needs in Indiana and Illinois.
Garan Lucow Miller, P.C.
8401 Virginia Street
Merrillville, Indiana 46410
Phone: 219.756.7901
Fax: 219.756.7902
Toll Free: 877.804.2801