KOSKI v. ALLSTATE INS. CO.

Docket Nos. 104968, 104969, Calendar No. 13.

572 N.W.2d 636 (1998)

456 Mich. 439

Thomas KOSKI, Plaintiff-Appellee, v. ALLSTATE INSURANCE COMPANY, a foreign insurance corporation, Defendant-Appellant.

Supreme Court of Michigan.

Decided February 3, 1998.


Attorney(s) appearing for the Case

Law Offices of Frank and Forster by Michael J. Forster, Saginaw, for Plaintiff-Appellee.

Kohl, Secrest, Wardle, Lynch, Clark & Hampton by Michael L. Updike, Farmington Hills, and Robert Kamenec, Detroit, for Defendant-Appellant.

Willingham & Cote, P.C. by John A. Yeager, East Lansing, amicus curiae, for Michigan Association of Insurance Companies.


Opinion

BRICKLEY, Justice.

The principal issue of law in this case is whether defendant-appellant Allstate may disclaim liability as a result of plaintiff-appellee's failure to comply with a notice-of-suit provision in his homeowners policy. The Court of Appeals affirmed the circuit court's finding that Allstate was not prejudiced by any defect in plaintiff's compliance with that notice provision. For the reasons that follow, however, we reverse the decision...

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