FRANK HENSLEY V WERCH TRUCKING INC
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STATE OF MICHIGAN
COURT OF APPEALS
FRANK HENSLEY,
UNPUBLISHED
February 1, 2000
Plaintiff-Appellant,
v
CONTINENTAL WESTERN INSURANCE CO.,
an Ohio Corporation,
No. 210649
Allegan Circuit Court
LC No. 96019567 ND
Defendant-Appellee,.
And
WERCH TRUCKING, INC.,
Defendant.
FRANK HENSLEY,
Plaintiff-Appellee,
v
CONTINENTAL WESTERN INSURANCE CO.,
an Ohio Corporation,
Defendant-Appellant,
and
WERCH TRUCKING, INC.,
Defendant.
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No. 214143
Allegan Circuit Court
LC No. 96019567 ND
Before: McDonald, P.J., and Neff and Smolenski, JJ.
SMOLENSKI, J. (concurring in part and dissenting in part).
I respectfully dissent from the majority’s opinion rejecting plaintiff’s second claim of error in
Docket No. 210649. Under the facts of this case, I would find that Continental was estopped from
asserting plaintiff’s failure to satisfy the one-year statute of limitations under the no-fault act, MCL
500.3145(2); MSA 24.13145(2). See Cincinnati Ins Co v Citizens Ins Co, 454 Mich 263; 562
NW2d 648 (1997). I concur with the majority’s opinion regarding plaintiff’s first and third claims of
error in Docket No. 210649 and with the majority’s opinion in Docket No. 214143.
/s/ Michael R. Smolenski
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