Lansing General Hospital v. Gomez

I agree with the majority that this matter should be reversed and plaintiff’s cause of action reinstated. I also concur with the majority’s holding that Walden v Auto-Owners Ins Co, 105 Mich App 528; 307 NW2d 367 (1981), is applicable to this case. I disagree, however, with the majority’s resolution of the tolling issue.

There is currently a split of authority on this Court over the issue of whether the limitation period embodied in MCL 500.3145(1); MSA 24.13145(1) is tolled until the insurer formally denies benefits to the party seeking them. The two lead cases are Richards v American…