American Anesthesia Associates, LLC v Farmers Insurance Exchange

Brian Boehne obtained summary disposition of Plaintiff’s claims against his client, Farmers Insurance Exchange, in a lawsuit filed by Plaintiff in which it alleged that the recently amended, rather than prior one-year back rule of MCL 500.3145 applied. Brian drafted a Motion for Summary Disposition arguing that there was no genuine issue of material fact that the No-fault benefits were incurred prior to one year before the filing of Plaintiff’s action, and that statutes of limitation are prospective only, unless otherwise indicated by the legislature. Ultimately, in issuing an opinion after oral arguments, the Court agreed that the new tolling provision of MCL 500.3145 would not apply to expenses incurred before June 11, 2019 and granted Brian’s Motion finding that there was no genuine issue of material fact that the statute of limitations barred plaintiff’s claim.