McDonald v. Farm Bureau Insurance

I dissent from the majority’s decision to abolish the use of the judicial tolling1 doct*210rine adopted by this Court more than 30 years ago in Tom Thomas.2 Michigan courts have applied judicial tolling without serious contention for more than three decades because it is a pragmatic doctrine that is fair to both insurers and insureds. It does not create insurance coverage where none exists. Nor does it deprive insurers of other defenses they might have. Rather, it encourages insureds to give prompt notice of their claims to their insurers. And it eliminates any incentive insurers might have to…