Legal Opinion

Burns v. Auto-Owners Insurance

Michigan Court of Appeals

Decided February 20, 1979No. Docket 78-1470PublishedCited by 20 opinions

1Opinion of the CourtD. F. Walsh, J.

Plaintiff Elroy Burns appeals the entry of accelerated judgment for defendant Auto-Owners Insurance Company. GCR 1963, 116.1(5).

The trial court ruled that plaintiffs claim for personal injury protection insurance benefits from defendant, which claim arose out of a June 3, 1975, accident, was barred by the no-fault law’s statute of limitations. MCL 500.3145(1); MSA 24.13145(1). Plaintiff argues that this statutory provision is not a statute of limitations but a notice provision.

We agree with the reasoning of a panel of this Court in the recent case of Davis v Farmers Insurance Group of…

2Cases cited5 opinions

  1. Wyandotte Savings Bank v. State Banking CommissionerMichigan Supreme Court · 1956
  2. King v. Director of the Midland County Department of Social ServicesMichigan Court of Appeals · 1977
  3. Taylor v. Michigan Public Utilities CommissionMichigan Supreme Court · 1922
  4. Richards v. American Fellowship Mutual InsuranceMichigan Court of Appeals · 1978
  5. Davis v. Farmers Insurance GroupMichigan Court of Appeals · 1978

3Cited by20 opinions

  1. Kenneth Henes Special Projects Procurement v. Continental Biomass Industries, Inc.District Court, E.D. Michigan · 2000
  2. Geiger v. Detroit Automobile Inter-Insurance ExchangeMichigan Court of Appeals · 1982
  3. Dozier v. State Farm Mutual Automobile InsuranceMichigan Court of Appeals · 1980
  4. Aldrich v. Auto-Owners InsuranceMichigan Court of Appeals · 1981
  5. English v. Home InsuranceMichigan Court of Appeals · 1982

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