MBL congratulates Associate Ardijana Ivezaj on a successful Motion for Summary Disposition on the Michigan No-Fault Act’s “One Year Back Rule.” Plaintiff argued that the underlying claimant filing suit triggered the tolling period and provided sufficient notice to the insurer; however Ardijana successfully argued that underlying claimant’s lawsuit bringing said bills was not a revocation of assignments (which was a Motion for Summary Disposition previously won in the main suit) and that provider Plaintiff was the only party of interest who had a legal right to bring these claims, most of which since 2022. Ultimately, the Court agreed that because the underlying claimant was never the real party in interest as he assigned his rights, filing his lawsuit did not trigger tolling, only the date of denial of claims did. This eliminated over $440,000 in claims for an MBL insurance client.
Dated: April 12, 2025