Moore v. First Security Casualty Co.

I respectfully dissent.

In the context of insurance law, it is apparent from Michigan case law that the. doctrine of equitable *381estoppel may apply in certain circumstances in which an insurer’s failure to object within a reasonable time to an insured’s request operates as a waiver of the breach of the insurance clause. See Rauch v Michigan Millers’ Mut Fire-Ins Co, 131 Mich 281; 91 NW 160 (1902).

In this case, there was a genuine issue of material fact upon which reasonable minds could differ concerning whether defendant’s failure in responding to a facsimile of the May 25 letter by 2:00 P.M. on…