Oral argument has been ordered in a case where the Michigan Court of Appeals held that the one-year statute of limitations period in MCL 500.3145(1) does not apply to the Michigan Property & Casualty Guaranty Association, or MPCGA, when it is pursuing benefits under the no-fault act.
In Childers v. Progressive Marathon Insurance Company (MiLW 07-105895), Judge Christopher P. Yates said the MPCGA does not simply stand in the shoes of an insured.
Because the legislature has seen fit to largely exempt MPCGA from the Insurance Code, MCL 500.7911(3), MPCGA is not subject to the one-year limitations period that applies to a party pursuing benefits under the no-fault act, including other insurers asserting rights to subrogation, the judge noted…
Read the full article at: https://milawyersweekly.com/news/2023/06/06/high-court-eyeing-limitations-period-that-applies-to-pursue-pip-benefits/