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COOPER v. AUTO CLUB INS. ASS'N

Docket No. 132792. Calendar No. 2.

751 N.W.2d 443 (2008)

Amyruth L. COOPER, by her Next Friend, Sharon L. Strozewski, and Loralee A. COOPER, by her Next Friend, Sharon L. Strozewski, Plaintiffs-Appellants, v. AUTO CLUB INSURANCE ASSOCIATION, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Logeman, Iafrate & Pollard, P.C. (by Robert E. Logeman and James A. Iafrate), Ann Arbor, for the plaintiffs.

Schoolmaster, Hom, Killeen, Siefer, Arene & Hoehn (by Gregory Vantongeren) and Zanetti, John & Brown, P.C. (by R. Michael John) (Gross, Nemeth & Silverman, P.L.C., by James G. Gross, of counsel), Detroit, Southfield, Detroit, for the defendant.

Thomas A. Biscup, Shelby Township, for amicus curiae the Michigan Association for Justice.

MARKMAN, J.

At issue is whether plaintiffs' common-law cause of action for fraud is subject to the one-year-back rule of MCL 500.3145(1). Because the one-year-back rule only applies to actions brought under the no-fault act, and because a fraud action is not a no-fault action, i.e., an "action for recovery of personal protection insurance benefits payable under [the no-fault act] for accidental bodily injury," MCL 500.3145...

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