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UNIVERSITY OF MICHIGAN v. TITAN INS. CO.

Docket No. 136905. Calendar No. 1.

791 N.W.2d 897 (2010)

487 Mich. 289

REGENTS OF the UNIVERSITY OF MICHIGAN and University of Michigan Health System, Plaintiffs-Appellants, v. TITAN INSURANCE COMPANY, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 31, 2010.

Attorney(s) appearing for the Case

Miller & Tischler, P.C. (by Ronni Tischler ), Southfield, for plaintiffs.

Anselmi & Mierzejewski, P.C. (by Mark D. Sowle ), Bloomfield Hills, for defendant.

Gross & Nemeth, P.L.C. (by James G. Gross ), Detroit, for amicus curiae Auto Club Insurance Association.

Speaker Law Firm, PLLC (by Liisa R. Speaker ), and Sinas Dramis Brake Boughton & McIntyre PC (by George T. Sinas ), Lansing, for amicus curiae Coalition Protecting Auto No-Fault.

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, and Ann M. Sherman and C. Adam Purnell , Assistant Attorneys General, for amicus curiae Michigan Assigned Claims Facility.

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, and Robert Ianni , Raymond O. Howd , and James P. Delaney , Assistant Attorneys General, for amicus curiae Department of Community Health.

Plunkett Cooney (by Mary Massaron Ross and Hilary A. Ballentine ), Detroit, for amicus curiae Insurance Institute of Michigan.

Steven A. Hicks for amicus curiae Michigan Association for Justice.

Opinion

MARILYN J. KELLY, C.J.

We examine whether MCL 600.5821(4), which preserves state entities' rights to bring certain claims, also preserves the right to seek recovery of all damages incurred notwithstanding the one-year-back rule of MCL 500.3145(1). We hold that MCL 600.5821(4) exempts the state entities it lists from the one-year-back rule. As a consequence, we overrule Liptow v. State Farm Auto. Mut. Ins. Co.,1

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