McNeel v. Farm Bureau General Insurance

I respectfully dissent. In my view, plaintiffs’ claim is time-barred under MCL 500.2833(1)(q), and the trial court erred by denying defendant’s motion for summary disposition. Further, the majority’s conclusion that a question of fact exists regarding when the formal denial occurred is erroneous because (1) it fails to apply the plain language of MCL 500.2833(1)(q), (2) it applies the long-discredited judicial tolling doctrine, and (3) it implicitly applies the doctrine of equitable estoppel in the absence of facts supporting its application. I would reverse.

I. BASIC FACTS AND PROCEDURAL…