Devillers v. Auto Club Ins. Ass'n

In its bypass application for leave to appeal, defendant insurer asks that we overrule Lewis v DAIIE1 and apply as written the “one-year-back” limitation provided for in MCL 500.3145(1) for recovering no-fault personal protection insurance benefits. In Lewis, this Court adopted a judicial tolling doctrine under which the one-year statutory period is tolled from the time a specific claim for benefits is filed to the date the insurer formally denies liability. The trial court in this case relied on Lewis in rejecting defendant’s assertion that plaintiffs claim was limited by the statutory…