Devillers v. Auto Club Ins. Ass'n

702 N.W.2d 539, 473 Mich. 562
CourtMichigan Supreme Court
DecidedJuly 29, 2005
DocketDocket 126899
StatusPublished
Cited by255 cases

This text of 702 N.W.2d 539 (Devillers v. Auto Club Ins. Ass'n) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Devillers v. Auto Club Ins. Ass'n, 702 N.W.2d 539, 473 Mich. 562 (Mich. 2005).

Opinions

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 a specific claim for benefits is filed to the date the insurer formally denies liability. The trial court in this case relied on Lewis in rejecting defendant’s assertion that plaintiffs claim was limited by the statutory one-year-back rule.

No member of this Court disputes that § 3145(1) clearly and unambiguously states that a claimant “may not recover benefits for any portion of the loss incurred more than 1 year before the date on which the action was commenced.” Because the Lewis rule contravenes this plain statutory directive and ignores almost a century of contrary precedent, it is hereby overruled. Defendant is entitled to summary disposition to the extent that plaintiff seeks benefits for losses incurred more than one year prior to the date on which this action was commenced.

I. FACTS AND PROCEDURAL HISTORY

Michael Devillers was an insured under a policy of no-fault automobile insurance issued to his parents by [565]*565defendant Auto Club Insurance Association. In September 2000, Michael, then age sixteen, was seriously injured in an automobile accident. His injuries included a traumatic brain injury. Michael’s mother, plaintiff in this case, cared for him after he was discharged from the hospital.

Defendant paid plaintiff benefits for home health care for the period of October 20, 2000, to February 14, 2001. On February 14, 2001, defendant received a physician’s prescription stating that Michael could function without close supervision. Defendant discontinued home health care payments effective February 15, 2001, based on the prescription indicating that Michael did not require supervision.2 Plaintiff continued, without payment, to provide services for Michael, including driving him to and from school and the doctor’s office. On October 7, 2002, defendant wrote a letter to plaintiff memorializing the February 2001 discontinuation of benefits.

Plaintiff filed a complaint on November 12, 2002, seeking payment for services allegedly rendered for which she did not receive payment. At issue in this case is the nine-month period beginning on February 16, 2001 (the day after defendant discontinued paying home health care benefits), and ending on November 12, 2001 (one year prior to the filing of the complaint). Defendant moved for partial summary disposition with respect to the benefits sought for that nine-month period, arguing that plaintiff was precluded from recovering benefits under the one-year-back rule of MCL 500.3145(1).

Plaintiff contested defendant’s motion, arguing that, pursuant to Lewis, the one-year limitations period provided for in § 3145(1) was tolled from February 15, [566]*5662001 (the date that defendant discontinued home health care benefits and attendant care benefits) to October 7, 2002 (the date of defendant’s letter memorializing the termination).

The trial court denied defendant’s motion for partial summary disposition, citing Lewis. Defendant then filed an emergency application for leave to appeal in the Court of Appeals, arguing that the judicial tolling doctrine adopted in Lewis should be abrogated. Defendant additionally filed a bypass application for leave to appeal in this Court, noting that only this Court has the power to overrule Lewis.

The Court of Appeals denied leave to appéal. This Court entered an order staying trial, and we subsequently entered an order granting defendant’s application for leave to appeal. Because we believe that the Lewis Court exceeded its constitutional authority by engrafting onto the statutory one-year period a judicial tolling mechanism, we overrule Lewis. Moreover, because this case does not fall into that limited category of decisions in which prospective application is justified, we give our decision retroactive effect for this and pending cases in which a Lewis challenge has been preserved. Accordingly, we remand to the trial court with directions to enter partial summary disposition in favor of defendant with respect to the benefits sought for the period from February 16 to November 12, 2001.

II. STANDARD OF REVIEW

Issues of statutory construction and other questions of law are subject to review de novo by this Court.3 [567]*567Similarly, we review de novo a trial court’s decision whether to grant summary disposition.4

m. ANALYSIS

A. BACKGROUND: JUDICIAL TOLLING AS APPLIED TO PRIVATE INSURANCE CONTRACTS AND STATUTORY FORM INSURANCE POLICIES

The germination of the idea that a judicial tolling doctrine should be applied to § 3145(1) can be traced to this Court’s 1976 decision in Tom Thomas Organization, Inc v Reliance Ins Co.5 Rather than a statutory provision, Tom Thomas concerned a contractual provision in an inland marine policy of insurance limiting the time for bringing suit under the policy to twelve months “after discovery by the insured of the occurrence which gives rise to the claim. ” Noting that this Court had long enforced such policy limitations as written,6 the Tom Thomas Court nevertheless rejected this prevailing rule in favor of the judicial tolling approach taken by the [568]*568New Jersey Supreme Court in" Peloso v Hartford Fire Ins Co,7 which held that the twelve-month limitation of actions provision in a statutory form insurance policy8 was tolled from the time an insured gave notice of loss until the insurer formally denied liability. The Peloso court, opining that statutory proof of loss and payment of claim provisions operated to shorten the time for bringing suit, stated that tolling the limitations period would ensure that the insured was “not penalized for the time consumed by the company while it pursues its contractual and statutory rights to have a proof of loss, call the insured in for examination, and consider what amount to pay ... .”9

In adopting wholesale the approach of the Peloso court, this Court in Tom Thomas stated that doing so was necessary in order to reconcile the twelve-month policy limitation with other policy provisions that incorporated “[substantial delays”10 into the claim process:

The insured is generally allowed 60 to 90 days to file proof of loss. The insurer is generally given another 60 days to pay or settle the claim.
Notwithstanding diligence by both parties at all stages of the claim procedure, considerable time often elapses before the insured learns whether the insurer will pay. Even if the insured promptly reports a loss to his insurance agent, discussions concerning resolution of the claim may [569]*569take weeks.

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Cite This Page — Counsel Stack

Bluebook (online)
702 N.W.2d 539, 473 Mich. 562, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devillers-v-auto-club-ins-assn-mich-2005.