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Fire Insurance claim filed in accordance with original policy limitations is "late" and dismissed

James Carpenter sued Michigan Basic Property Insurance Association for losses suffered in a fire.  Michigan Basic's original policy allowed Carpenter two years in which to sue.  The Company had issued an amendatory endorsement reducing this limitation period to one year (usually computed from the time the insurer formally denies liability--but don't count on it--Randolph v. State Farm). 

The Republican activists on the Michigan Supreme Court have recently decided several cases allowing insurers to write very short limitations periods into their contracts, regardless of what a "reasonable insured" might expect from the policy language.  Since Carpenter did not file his claim within a year, it was denied and Michigan Basic did not have to pay for the losses it had collected premiums to cover, even though suit was brought in accordance with the original policy language and within a reasonable time.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262