Yeo v. State Farm Insurance

Defendant appeals as of right the trial court’s grant of summary disposition, dismissing without prejudice plaintiffs claim for benefits under a homeowner’s policy. Defendant argues that the dismissal should have been with prejudice. We disagree and affirm the ruling of the trial court.

Plaintiff owned a home that was insured by defendant. Plaintiff alleged that on July 22, 1994, her home was burglarized and property was stolen therefrom. Plaintiff sought to collect benefits under her homeowner’s policy. In a September 27, 1994, letter, defendant requested, pursuant to the homeowner’s policy,…