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Good for the Goose, Good for the Gander: MCL 500.2833(1)(q) Limits Time for Filing “an Action Under the Policy” for Both Insurers and Insureds

Insurance Coverage / June 13, 2019

In Home-Owners Ins Co v Perkins, ___ Mich App ___; ___ NW2d ___ (2019) (Docket No. 344926); slip op at 4-5, the panel held as “a matter of first impression” that the 1 year limitations period contained in § 2833(1)(q)applies to all actions under the policy including those by insurers….”

Although the Home-Owners’ policy at issue in this case contained a 1 year limitations period that applied only to actions brought by the insured, the panel found that this was “contrary to the mandate set forth in§ 2833(1)(q) and therefore, the “suit against us” provision was absolutely void.Perkins, ___ Mich App at ___; slip op at 7. So the statute controlled and under the statute, both Home-Owners’ suit and the insured’s counterclaim were untimely. Id.

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