Order Michigan Supreme Court
Lansing, Michigan
April 1, 2015 Robert P. Young, Jr.,
Chief Justice
150332 Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
ALAN JESPERSON, David F. Viviano
Plaintiff-Appellant, Richard H. Bernstein,
Justices
v SC: 150332
COA: 315942
Macomb CC: 2010-005127-NI
AUTO CLUB INSURANCE ASSOCIATION,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the September 16, 2014
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the defendant adequately raised the
affirmative defense of the one-year statute of limitations stated in MCL 500.3145(1)
without explicitly describing it in its answer to the plaintiff’s amended complaint; (2) if
not, whether the Court of Appeals erred in rejecting the plaintiff’s argument that the
defendant waived the affirmative defense by pointing to the trial court’s authority to
exercise its discretion to allow the defendant to amend its answer; and (3) if the defendant
did not waive the statute of limitations defense, whether its payment of benefits to the
plaintiff more than one year after the date of the accident satisfied the second exception
to the one-year statute of limitations established in the first sentence of § 3145(1).
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 1, 2015
t0325
Clerk