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

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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