SMITHAM v. STATE FARM FIRE & CAS. CO.

Docket No. 304600.

824 N.W.2d 601 (2012)

297 Mich. App. 537

SMITHAM v. STATE FARM FIRE AND CASUALTY COMPANY.

Court of Appeals of Michigan.

Decided August 9, 2012, at 9:00 a.m.


Attorney(s) appearing for the Case

Cooper Law Firm, PLLC (by John J. Cooper ), for Geraldine Smitham and John Yun.

Drake & Franco, PLC, Bingham Farms (by Patrick J. Drake ), for State Farm Fire and Casualty Company.

Before: JANSEN, P.J., and MARK J. CAVANAGH and HOEKSTRA, JJ.


JANSEN, P.J.

Plaintiffs appeal by right an order granting summary disposition to defendant under MCR 2.116(C)(7). The trial court granted summary disposition on the basis that plaintiffs' action for breach of an insurance policy was untimely filed. We hold that the language of the insurance policy written by defendant, which conditions the tolling of the period in which plaintiffs were eligible to file a claim on defendant's formal denial of liability, is incompatible...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases