Court reverses lower court's refusal to recognize insurer's limitation claim
The Court of Appeals rejected a Motion for Summary Disposition appeal filed by the defendant's insurer in Marsack v. Salens. The underlying claim by the insurer was that the injured plaintiff delayed too long in suing Ms. Salens, who served as the Personal Representative of the Estate of Laura Gabriel, the "at fault." This week the Supreme Court over-turned the lower court's decision in a summary half-page ruling and sent the case back for reconsideration. The high court's brief holding suggested that the Court of Appeals had misunderstood the argument raised by Salens' insurer, related to the time period in which an Estate may be sued. The insurer had argued that a statute tolling the time within which an estate may file suit does not apply to extend the time within which an estate must be sued.