Anne V. Mcardle And David B. Roth Obtain Summary Disposition Of PIP Suit And Dismissal Of Provider Suit Filed Beyond The No-Fault Act’s Statute Of Limitations

Alfonso Waller vs. Amerisure Insurance Company, Macomb County Circuit Court, Case No. 19—0008—NF, Hon. Michael E. Servitto. The plaintiff in this case filed suit on March 1, 2019, alleging nonpayment of No-Fault Benefits arising out of an accident allegedly occurring on February 7, 2018. Receipt of the lawsuit was the first notice defendant Amerisure received of plaintiff’s alleged injuries and claim for PIP benefits. After a brief period of discovery, plaintiff was unable to demonstrate that he had provided any application for benefits, correspondence, or any other prior notice to Amerisure of his injuries before filing the lawsuit. Defendant Amerisure filed a motion for summary disposition arguing that plaintiff’s suit was barred by MCL 500.3145, the No-Fault Act’s statute of limitations, which precludes an action for recovery of PIP benefits commenced more than one year after the date of the accident causing injuries, unless written notice of the injury is provided within one year of the accident. The Court, after a hearing granted summary disposition on defendant’s motion and dismissed plaintiff’s suit in its entirety.

In the related case of True Scan, LLC, D/B/A Scan True, LLC, Assignee of Alfonso Waller vs. Amerisure Insurance Company, District Court 52—4, Case No. 19—CO—0806—GC, Hon. Maureen M. McGinnis, plaintiff, a provider of Alfonso Waller, filed a suit for PIP benefits on April 24, 2019, related to services rendered to Mr. Waller. After summary disposition was granted in the related case of Waller, this case was dismissed pursuant to stipulation and order.