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Michigan Supreme Court Lansing, Michigan

Opinion
EVA DEVILLERS, as Guardian and Conservator of Michael J. Devillers, Plaintiff-Appellee, v AUTO CLUB INSURANCE ASSOCIATION, Defendant-Appellant. _______________________________ BEFORE THE ENTIRE BENCH YOUNG, J. In its bypass application

Chief Justice:

Justices:

Clifford W. Taylor

Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman

FILED JULY 29, 2005

No. 126899

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) insurance for recovering In no-fault Lewis, personal Court

protection

benefits.

this

adopted a judicial tolling doctrine under which the oneyear 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

1

426 Mich 93; 393 NW2d 167 (1986). 1


relied

on

Lewis

in

rejecting

defendant's

assertion

that

plaintiff's claim was limited by the statutory one-yearback rule. No member of this Court disputes that

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Michigan Law