Kuebler v. Equitable Life Assurance Society

I agree with the majority opinion that when a complaint alleges all the necessary elements of fraud as well as malpractice, the statute of limitations governing fraud actions will apply to the fraud count. Brownell v Garber, 199 Mich App 519, 533; 503 NW2d 81 (1993). However, I disagree with the majority’s remedy of reformation of the insurance contract. The antidiscrimination statute, MCL 500.2019; MSA 24.12019, bars reformation of insurance contracts. See Broughton v Dona, 63 AD2d 1101; 406 NYS2d 581 (1978); Key Systems Transit Lines v Pacific Employers Ins Co, 52 Cal 2d 800; 345 P2d 257…