Justin Childers v. Progressive Marathon Ins Co

Summary

The Court held that the one-year limitations period for actions seeking personal protection insurance benefits applies when an insured or the guaranty association seeks benefits from a lower-priority insurer after a higher-priority insurer becomes insolvent. Both actions were untimely because they were filed more than one year after the accident, the insurer received no notice within that year, and it had made no benefit payments. The Court reversed part of the appellate decision, vacated the remainder, and remanded for further proceedings.