Smitham v. State Farm Fire & Casualty Co.

Flaintiffs appeal by right an order granting summary disposition to defendant under MCR 2.116(C)(7). The trial court granted summary disposition on the basis that plaintiffs’ action for breach of an insurance policy was untimely filed. We hold that the language of the insurance policy written by defendant, which conditions the tolling of the period in which plaintiffs were eligible to file a claim on defendant’s formal denial of liability, is incompatible with the plain language of MCL 500.2833(l)(q); accordingly, that portion of defendant’s policy is absolutely void under MCL 500.2860. We…