No Fault One-Year- Back Rule and Tolling – Know the Rules or Else
It has been almost four (4) years since the 2019 Michigan no-fault rules were significantly overhauled. Yet, cases continue to work their way through the Michigan appellate court system. In Spine Specialists of Michigan, PC v MemberSelect Ins Co, the Michigan Court of Appeals ruled that the 2019 amendment to MCL 500.3145 which added a tolling provision to the one-year-back rule, does not apply retroactively.
The amendment to the No Fault (PIP) one-year-back rule became effective June 10, 2019. If the tolling provision of the amendment had been applicable, the claimant medical provider would have been afforded extra time for its lawsuit while the insurer had notice of claim and issued a written denial. But in this case, the medical provider’s claim arose in 2017. Therefore, its claim was not saved by the new tolling provisions that became effective June 10, 2019.
Whether you are a claimant or insurance adjuster involved in the Michigan no-fault (PIP) system, one needs to know and understand the Michigan No Fault deadlines which became effective June 10, 2019.
Click on the link to read the case, Spine Specialists of Michigan, PC v MemberSelect Co, ___ Mich App ___ (2023)
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Alexander & Angelas, P.C. represents defendants in civil liability litigation across Michigan and Northern Ohio. The firm’s practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Attorneys practice in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio. Since its founding in 1992, the firm has litigated over 4,000 civil cases.
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