MCDONALD v. FARM BUREAU INS. CO.

Docket No. 132218. Calendar No. 1.

747 N.W.2d 811 (2008)

480 Mich. 191

Mary Ellen McDONALD, Plaintiff-Appellee, v. FARM BUREAU INSURANCE CO., Defendant-Appellant.

Supreme Court of Michigan.

Decided April 23, 2008.


Attorney(s) appearing for the Case

Donald M. Fulkerson, Westland, for Mary E. McDonald.

Willingham & Coté, P.C. (by John Yeager, Anthony S. Kogut, Curtis R. Hadley, and Matthew K. Payok), East Lansing, for Farm Bureau Insurance Company.


TAYLOR, C.J.

In this case, we must decide whether a contractual limitations period in an insurance policy is tolled from the time a claim is made until the insurance company denies the claim and, if it is not, whether the limitations period may be avoided under the doctrines of waiver or estoppel. Consistently with long-established contract law, we hold that there is no automatic tolling when a claim is filed unless the...

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