Beaumont v. Zeru
Annotate this CaseOn April 24, 2008, Defendant ran a stop sign and struck Plaintiff’s vehicle, causing significant physical injuries. Plaintiff received basic reparations/personal injury protection benefits (PIP) from her insurer, Cincinnati Insurance Company (CIC). On September 21, 2011, Plaintiff filed her complaint. The circuit court dismissed Plaintiff’s claims with prejudice. At issue on appeal was when the last payment was made by the CIC. The CIC issued a check to a physical therapist on March 17, 2009 that was either received or lost and then issued a replacement check on September 25, 2009. The Court of Appeals affirmed the circuit court, concluding that a replacement check does not constitute making payment. The Supreme Court reversed, holding that the September 2009 check was the last “payment” of PIP. Remanded.
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