Rory v. Continental Insurance

I dissent today because the majority has come to what I believe to be the incorrect conclusion on nearly every count. Not only does it reach the wrong result in this case, it takes a drastic step in *492the wrong direction with respect to contract law in general. The majority’s decision constitutes a serious regression in Michigan law, and it gives new meaning to the term “judicial activism.” Therefore, I cannot let it pass without comment.

It is a legitimate exercise for courts to review the reasonableness of contractual clauses that limit the period during which legal actions can be brought.…