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CHILDERS v. PROGRESSIVE MARATHON INS. CO.

No. 164953, No. 164954.

15 N.W.3d 194 (2024)

513 Mich. 244

Justin CHILDERS, a legally incapacitated person, BY Susan CHILDERS, Conservator, Plaintiff, and Michigan Property & Casualty Guaranty Association, Intervening Plaintiff-Appellee, v. PROGRESSIVE MARATHON INSURANCE COMPANY, Defendant-Appellant. Justin Childers, a legally incapacitated person, by Susan Childers, Conservator, Plaintiff-Appellee, and Michigan Property & Casualty Guaranty Association, Intervening Plaintiff, v. Progressive Marathon Insurance Company, Defendant-Appellant.

Supreme Court of Michigan.

Decided June 7, 2024.

Attorney(s) appearing for the Case

Richard F. Burns, Jr., Bingham Farms, for Justin Childers.

Hickey Hauck Bishoff Jeffers & Seabolt, PLLC (by Benjamin W. Jeffers, Detroit, and Benjamin I. Shipper) for the Michigan Property & Casualty Guaranty Association.

Garan Lucow Miller, PC, Detroit (by Daniel S. Saylor) for Progressive Marathon Insurance Company.

Sinas, Dramis, Larkin, Graves & Waldman, PC (by George T. Sinas and Joel T. Finnell, Lansing) for the Coalition Protecting Auto No-Fault, Amicus Curiae.

BEFORE THE ENTIRE BENCH.

OPINION

The question in this case is whether the one-year limitations period in MCL 500.3145(1) for commencing an action for personal protection insurance (PIP) benefits under the no-fault act, MCL 500.3101 et seq., applies to an action for PIP benefits against a lower priority insurer after a higher priority insurer...

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