Eva DEVILLERS, as Guardian and Conservator of Michael J. Devillers, Plaintiff-Appellee,
v.
AUTO CLUB INSURANCE ASSOCIATION, Defendant-Appellant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued April 12, 2005.
Decided July 29, 2005.
Attorney(s) appearing for the Case
Ihrie O'Brien (by Harold A. Perakis and Robert D. Ihrie), St. Clair Shores, MI, for the plaintiff.
Gross, Nemeth & Silverman, P.L.C. (by James G. Gross), Detroit, MI, and Schoolmaster, Hom, Killeen, Siefer, Arene & Hoehn (by Gregory Van Tongeren), Mt. Clemens, MI, for the defendant.
Plunkett & Cooney, P.C. (by Mary Massaron Ross), Detroit, MI, for amici curiae the Insurance Institute of Michigan.
Sinas, Dramis, Brake, Boughton & McIntyre, P.C. (by George T. Sinas and Steven A. Hicks), Lansing, MI, for amici curiae the Coalition Protecting Auto No-Fault.
Supreme Court of Michigan.
YOUNG, J.
In its bypass application 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) for recovering no-fault personal protection insurance benefits. In Lewis, this Court adopted a judicial tolling doctrine under which the one-year statutory period is tolled from the time...
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