Joseph v. Auto Club Insurance Association

815 N.W.2d 412, 491 Mich. 200, 2012 WL 1694996, 2012 Mich. LEXIS 627
Michigan Supreme Court·Decided May 15, 2012·No. Docket 142615·Published·Cited by 408 cases

Opinions

Mary Beth Kelly, J.

We granted defendant Auto Club Insurance Association’s bypass application for leave to appeal in this case to determine whether the minority/insanity tolling provision of MCL 600.5851(1) applies to toll the one-year-back rule in MCL [203]*203500.3145(1) of the no-fault act. The one-year-back rule is designed to limit the amount of benefits recoverable under the no-fault act to those losses occurring no more than one year before an action is brought. Plaintiff here is seeking to recover no-fault benefits for losses dating back 32 years before she brought her action. In denying defendant’s motion for partial summary disposition, the circuit court relied on Univ of Mich Regents v Titan Ins Co1 to hold that the minority/insanity tolling provision tolls the one-year-back rule. In Regents, this Court held that a saving provision that tolls a statute of limitations also prevents application of the one-year-back rule. Regents overruled Cameron v Auto Club Ins Ass’n2 and Liptow v State Farm Mut Auto Ins Co,3 which had held that the saving provisions at issue only tolled a statute of limitations, not statutes limiting damages.

We once again hold that the minority/insanity tolling provision, which addresses only when an action may be brought, does not preclude the application of the one-year-back rule, which separately limits the amount of benefits that can be recovered. These distinctions were recognized in Michigan law both in Cameron as well as several decisions of this Court that predate Cameron. Yet this Court’s decision in Regents conflated these distinct concepts in order to effectuate what the Regents majority believed was a broader social good served by expanding the right to recover benefits beyond those allowed by law. We recognize the necessity for, and value of, stability in the law and take no pleasure in overruling a precedent of recent vintage by this Court. But Regents itself simply [204] failed to apply our then recent decision in Cameron, resulting in a decision that patently failed to enforce the requirements of the statutes that it interpreted. Because the holding in Regents contravened the Legislature’s clear and unambiguous language in MCL 500.3145(1) and MCL 600.5851(1), Regents is overruled and we reinstate Cameron. Accordingly, we remand this case to the circuit court for entry of an order granting defendant’s motion for partial summary disposition on the basis of the one-year-back rule.

I. FACTS AND PROCEDURAL HISTORY

In June 1977, then 17-year-old plaintiff, Doreen Joseph, was involved in an automobile accident in which she suffered traumatic brain injury and quadriplegia. At the time of the accident, plaintiff had automobile insurance coverage through the Detroit Automobile Inter-Insurance Exchange, defendant’s predecessor. Defendant later assumed responsibility for paying plaintiffs personal protection insurance (PIP) benefits. Since the date of plaintiffs injury, defendant has paid more than $4 million in PIP benefits for plaintiffs care.

On February 27, 2009, plaintiff filed a complaint seeking additional PIP benefits for allegedly unpaid case-management services provided by plaintiffs family members. The period for which plaintiff seeks recovery dates back to the date of plaintiffs accident in 1977. Defendant moved for partial summary disposition pursuant to MCR 2.116(C)(10), arguing that the one-year-back rule in MCL 500.3145(1) barred plaintiffs claim with respect to benefits sought for any period more than one year before the February 27, 2009, commencement date of plaintiffs action. Plaintiff responded that her “insanity” over the [205] past 32 years had operated to toll the one-year-back rule pursuant to the minority/insanity tolling provision of MCL 600.5851(1)4

The circuit court denied defendant’s motion for partial summary disposition, citing Regents for the proposition that the minority/insanity tolling provision tolls the one-year-back rule and, thus, if plaintiff is determined to be “insane,” her recoveiy will not be limited to the year immediately preceding the filing of her complaint. Defendant filed an interlocutory application for leave to appeal in the Court of Appeals and then filed a bypass application for leave to appeal in this Court, arguing that the minority/insanity tolling provision does not apply to the one-year-back rule and that Regents was wrongly decided. We entered orders staying the circuit court proceedings5 and granting defendant’s bypass application to consider whether Regents was correctly decided.6

II. STANDARD OF REVIEW

This Court reviews de novo a circuit court’s decision whether to grant or deny summary disposition.7 Similarly, we review de novo issues of statutory interpretation as questions of law.8 Our primary goal when interpreting statutes is to discern the intent of the Legislature.9 To do so, we focus on the best indicator of that intent, the [206] language of the statute itself.10 The words used by the Legislature are given their common and ordinary meaning.11 If the statutory language is unambiguous, we presume that the Legislature intended the meaning that it clearly expressed, and further construction is neither required nor permitted.12

Defendant moved for partial summary disposition pursuant to MCR 2.116(C)(10). Because a motion under MCR 2.116(C)(10) tests the factual sufficiency of the complaint, the circuit court must consider the affidavits, pleadings, depositions, admissions, and other evidence submitted by the parties, MCR 2.116(G)(5), in the light most favorable to the party opposing the motion.13 If the proffered evidence fails to establish a genuine issue regarding any material fact, the moving party is entitled to judgment as a matter of law.14

III. ANALYSIS

A. THE ONE-YEAR-BACK RULE AND THE MINORITY/INSANITY TOLLING PROVISION

This case requires that we again interpret the limitations on recovery of PIP benefits set forth in the no-fault act. The relevant statutory provision of the no-fault act, MCL 500.3145(1), provides in pertinent part:

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Joseph v. Auto Club Insurance Association, 815 N.W.2d 412, 491 Mich. 200, 2012 WL 1694996, 2012 Mich. LEXIS 627 (Mich. 2012).

815 N.W.2d 412 (Joseph v. Auto Club Insurance Association) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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