PENDERGAST v. AMER. FIDELITY FIRE INS. CO.

Docket No. 59955.

118 Mich. App. 838 (1982)

325 N.W.2d 602

PENDERGAST v. AMERICAN FIDELITY FIRE INSURANCE COMPANY

Michigan Court of Appeals.

Decided August 25, 1982.


Attorney(s) appearing for the Case

Law Offices of Martin D. Grant (by Thomas A. Stotz), for plaintiff.

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by Lamont E. Buffington), for Allstate Insurance Company.

Before: V.J. BRENNAN, P.J., and D.C. RILEY and V.R. PAYANT, JJ.


V.R. PAYANT, J.

Plaintiff appeals of right the entry of accelerated judgment in favor of defendant Allstate Insurance Company (Allstate). The accelerated judgment was granted on the basis that plaintiff's suit for economic loss — first-party benefits — under a policy of no-fault insurance was barred by the one-year statute of limitations in MCL 500.3145(1); MSA 24.13145(1). GCR 1963, 116.1(5).

The operative facts are not in substantial dispute...

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