Rory v. Continental Insurance

Defendant Continental Insurance Company (Continental) appeals by leave granted the circuit court’s order denying it summary disposition. The question is whether the contractual provision in defendant’s uninsured motorist endorsement providing that a “[cjlaim or suit must be brought within 1 year from the date of the accident” is reasonable. We hold that it is not, and we affirm.

I

On May 15, 1998, plaintiffs were injured in an automobile accident. Defendant was their insurer. On or about September 21, 1999, plaintiffs brought a first party no-fault suit against defendant and a third party…