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STATE OF MICHIGAN
COURT OF APPEALS


TAMMY COFFEY, Plaintiff-Appellee, v LAKE STATES INSURANCE COMPANY, Defendant-Appellant.

UNPUBLISHED May 22, 1998

No. 200589 Arenac Circuit Court LC No. 96-005096 CK

Before: Holbrook, Jr., P.J., and Gribbs and R.J. Danhof,* JJ. PER CURIAM. In this no-fault insurance benefits case, defendant appeals by leave granted from an order of the circuit court denying its motion for summary disposition pursuant to MCR 2.116(C)(8). We affirm. On February 10, 1994, plaintiff was driving on an icy road when she accidentally slid into a ditch and was injured. Shortly thereafter, on February 21, 1994, plaintiff filed an application for personal injury protection insurance benefits from defendant, her no-fault insurer. Defendant provided these benefits until October 14, 1994, when, based on medical evaluations of plaintiff 's condition, it terminated the benefits and formally notified plaintiff of the termination. On February 9, 1996, plaintiff commenced this lawsuit against defendant seeking reinstatement of her benefits. The sole issue presented in this appeal is whether plaintiff's complaint was time-barred under the one-year period of limitations set forth in MCL 500.3145(1); MSA 24.13145(1), which provides in pertinent part: An action for recovery of personal protection insurance benefits payable under this chapter for accidental bodily injury may not be commenced later than 1 year after the date of the accident causing the injury unless written notice of injury as provided herein has been given to the insurer within 1 year after the accident or

* Former Court of Appeals judge, sitting on the Court of Appeals by assignment. -1

unless the insurer has previously made a payment of personal protection insurance benefits for the injury. If the notice has been given or a payment has been made, the action may be commenced at any time within 1 year after the most recent allowable expense, work loss or survivor's loss has been incurred. However, the claimant may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced. Defendant argued below, and now on appeal, that

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