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JOSEPH v. AUTO CLUB INS. ASS'N

Docket No. 142615.

815 N.W.2d 412 (2012)

491 Mich. 200

Doreen JOSEPH, Plaintiff-Appellee, v. AUTO CLUB INSURANCE ASSOCIATION, a/k/a A.C.I.A, Defendant-Appellant.

Supreme Court of Michigan.

Decided May 15, 2012.

Attorney(s) appearing for the Case

Law Offices of Paul Zebrowski & Associates (by Thomas A. Biscup), Shelby Township, for Doreen Joseph.

Siemon Huckabay, P.C. (by James W. Bodary), Southfield, and Gross & Nemeth, P.L.C. (by James G. Gross), Detroit, for Auto Club Insurance Association.

Amici Curiae:

Speaker Law Firm, PLLC (by Liisa R. Speaker), and Sinas, Dramis, Brake, Boughton & McIntyre, P.C. (by George T. Sinas), Lansing, for the Coalition Protecting Auto No-Fault.

Dykema Gossett PLLC (by Jill M. Wheaton and Joseph Erhardt), Ann Arbor, for the Michigan Defense Trial Counsel.

Anselmi & Meirzejewski, P.C. (by Mark D. Sowle), Bloomfield Hills, for Titan Insurance Company.

Opinion

MARY BETH KELLY, J.

We granted defendant Auto Club Insurance Association's bypass application for leave to appeal in this case to determine whether the minority/insanity tolling provision of MCL 600.5851(1) applies to toll the one-year-back rule in MCL 500.3145(1) of the no-fault act. The one-year-back rule is designed to limit the amount of benefits recoverable under the no-fault act to those losses occurring...

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