Alan Jesperson v. Auto Club Insurance Association

• Court: Michigan Supreme Court
• Decided: April 1, 2015
• Docket: 150332
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

April 1, 2015 Robert P. Young, Jr., Chief Justice

150332 Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack ALAN JESPERSON, David F. Viviano Plaintiff-Appellant, Richard H. Bernstein, Justices v SC: 150332 COA: 315942 Macomb CC: 2010-005127-NI AUTO CLUB INSURANCE ASSOCIATION, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the September 16, 2014 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether the defendant adequately raised the affirmative defense of the one-year statute of limitations stated in MCL 500.3145(1) without explicitly describing it in its answer to the plaintiff’s amended complaint; (2) if not, whether the Court of Appeals erred in rejecting the plaintiff’s argument that the defendant waived the affirmative defense by pointing to the trial court’s authority to exercise its discretion to allow the defendant to amend its answer; and (3) if the defendant did not waive the statute of limitations defense, whether its payment of benefits to the plaintiff more than one year after the date of the accident satisfied the second exception to the one-year statute of limitations established in the first sentence of § 3145(1).

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. April 1, 2015 t0325 Clerk