Secura Insurance v. Auto-Owners Insurance

This case presents a question that has divided previous Court of Appeals panels—whether there should be “judicial tolling” of the one-year period of limitation on property damage claims under subsection 3145(2) of the no-fault insurance act.1 We agree with the Court of Appeals decision in the instant case that there is no such tolling, and affirm its ruling that the plaintiffs claim was barred by the one-year limitation period.

i

On March 2, 1996, a car driven by defendant Auto-Owners Insurance Company’s insured, William J. Glore, Jr., left the road and struck a utility pole. Plaintiff Secura…