Legal Opinion

Norfolk & Western Railway Company v. Auto Club Insurance Association

Court of Appeals for the Sixth Circuit

Decided March 9, 1990No. 88-1407PublishedCited by 3 opinions

1Opinion of the Court

ENGEL, Senior Circuit Judge.

In this Michigan diversity case, defendant Auto Club Insurance Association (ACIA) appeals a judgment awarding plaintiff Norfolk & Western Railway Company (N & W) $300,000 damages under Michigan’s “no fault” statute. At issue is whether the limitation period built into the no-fault statute can be tolled and, if so, how and how long.

On May 2, 1985, Michael Alfrey drove an automobile into the side of a moving N & W train in Madison Township, Michigan. Twenty-three railroad cars and several hundred yards of track were destroyed. N & W was responsible to repair the…

2Cases cited5 opinions

  1. In Re Certified QuestionMichigan Supreme Court · 1982
  2. Lewis v. Detroit Automobile Inter-Insurance ExchangeMichigan Supreme Court · 1986
  3. Ford Motor Co. v. Lumbermens Mutual Casualty Co.Michigan Supreme Court · 1982
  4. Welton v. Carriers InsuranceMichigan Supreme Court · 1985
  5. Preferred Risk Mutual Insurance v. State Farm Mutual Automobile InsuranceMichigan Court of Appeals · 1983

3Cited by3 opinions

  1. CSX Transportation, Inc. v. BenoreDistrict Court, E.D. Michigan · 2015
  2. Devillers v. Auto Club Ins. Ass'nMichigan Supreme Court · 2005
  3. Secura Insurance v. Auto-Owners InsuranceMichigan Supreme Court · 2000

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