UNIVERSITY OF MICHIGAN REGENTS V TITAN INS AGENCY
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STATE OF MICHIGAN
COURT OF APPEALS
UNIVERSITY OF MICHIGAN REGENTS and
UNIVERSITY OF MICHIGAN HEALTH
SYSTEM,
UNPUBLISHED
June 5, 2008
Plaintiffs-Appellants,
v
No. 276710
Washtenaw Circuit Court
LC No. 06-000034-CK
TITAN INSURANCE COMPANY,
Defendant-Appellee.
Before: Davis, P.J., and Murray and Beckering, JJ.
DAVIS, J. (dissenting).
I respectfully disagree with the holding in Liptow v State Farm Mut Auto Ins Co, 272
Mich App 544; 726 NW2d 442 (2006). The plain language of MCL 600.5821(4) provides in
relevant part that an action “may be brought at any time without limitation, the provisions of any
statute notwithstanding.” I believe that the holding in Liptow takes an irrationally and
improperly narrow view of this statute by holding that it exempts entities like plaintiff1 from a
one-year limitation on bringing an action but not from a one-year limitation on recovering in
such an action. I agree with plaintiff that Liptow was wrongly decided. I acknowledge that this
panel is required to follow Liptow by virtue of MCR 7.215(J)(1). I would declare a conflict
pursuant to MCR 7.215(J)(2).
/s/ Alton T. Davis
1
See Regents of the Univ of Michigan v State Farm Mut Ins Co, 250 Mich App 719, 732; 650
NW2d 129 (2002).
-1-
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