Opinion
SC 164276 COA 359201
09-30-2024
DWAYNE VANN, Plaintiff-Appellee, v. MICHIGAN PROPERTY & CASUALTY GUARANTY ASSOCIATION, Defendant-Appellee, and PROGRESSIVE MARATHON INSURANCE COMPANY, Defendant-Appellant, and AMERICAN COUNTRY INSURANCE COMPANY, Defendant.
Wayne CC: 19-010581-NF
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
By order of June 9, 2023, the application for leave to appeal the March 15, 2022 order of the Court of Appeals was held in abeyance pending the decision in Childers v Progressive Marathon Ins Co (Docket Nos. 164953-4). On order of the Court, the case having been decided on June 7, 2024, __Mich __(2024), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Wayne Circuit Court for entry of an order granting defendant Progressive Marathon Insurance Company's motion for summary disposition. The one-year limitations period in MCL 500.3145(1) applies where an insured brings an action for personal protection insurance benefits against a no-fault insurer after a higher priority insurer becomes insolvent. Childers v Progressive Marathon Ins Co,__ Mich__ (2024). The plaintiff did not bring his action against the defendant within one year of the accident, and the defendant did not receive notice of the accident or make any payments of benefits for the plaintiff's injuries. Therefore, MCL 500.3145(1) precludes relief.
We do not retain jurisdiction.