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No. 126899
| Eva Devillers, as Guardian and Conservator |
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Harold A. Perakis |
of Michael J. Devillers, |
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Plaintiff-Appellee, |
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vs (Appeal from Ct of Appeals) |
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(Oakland - Grant, N.) |
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| Auto Club Insurance Association, |
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James G. Gross |
Defendant-Appellant. |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply Brief>>
Insurance Institute of Michigan's Amicus Curiae Brief>>
The Coalition Protecting Auto No-Fault's Amicus Curiae Brief>>
Background
Michael Devillers, then a teenager, was seriously injured in an automobile accident on September 30, 2000. After being hospitalized for about 20 days, he was discharged to his home. Because he was unable to get around without help, his mother, Eva Devillers, cared for him. For the period from October 20, 2000 to February 14, 2001, Auto Club Insurance Association (ACIA) paid Eva Devillers approximately $21,000 for her care of Michael. On February 15, 2001, ACIA stopped paying benefits. In a letter dated October 7, 2002, an ACIA claims adjuster wrote to Eva Devillers, stating that ACIA had discontinued benefits based on a doctor's representation that Michael was clear to function without supervision. Eva Devillers filed this lawsuit on November 2, 2002, seeking money for services she had allegedly rendered to Michael without pay. ACIA responded that the claim is limited by the one-year-back rule of MCL 500.3145(1); ACIA asked the court to dismiss some of Devillers' claims on that basis. Devillers responded that, under Lewis v DAIIE , the time that elapsed between the date that ACIA stopped paying benefits (February 15, 2001) and the date of ACIA's letter memorializing the benefits cut-off (October 7, 2002) should not count toward the one-year period. The trial court denied ACIA's motion and scheduled this case for trial. ACIA then filed an emergency appeal in the Court of Appeals, which was denied. The Supreme Court then issued orders that stayed the trial and decided to hear ACIA's appeal.
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