Insurance Co. of North America v. Southeastern Electric Co.

The plaintiff brought suit on an express contract of indemnification. The question is whether the three-year or the six-year statute of limitations period applies to this action in the light of State Mutual Cyclone Ins Co v O & A Electric Coop, 381 Mich 318; 161 NW2d 573 (1968). We hold that the six-year limitation period applies and reverse.

I

In 1971 C & C Construction, the general contractor of a waste-water treatment plant project, entered into an agreement with defendant Southeastern Electric. Southeastern’s duties as subcontractor included the installation of certain transformers. The…