Michigan Court of Appeals; Docket No. 148623; Unpublished
Judges Reilly, Sawyer, and Clulo; Per Curiam
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Not Applicable
TOPICAL INDEXING:
Equitable Estoppel
Reformation of Insurance Contracts
CASE SUMMARY:
In this unpublished per curiam Opinion, the Court of Appeals held that plaintiff did not have the right to seek a reformation of an insurance policy issued by Auto Club in order to have the policy provide for $250,000 of liability coverage rather than the $100,000 coverage provided for in the policy.
In upholding the Court of Appeals decision granting summary disposition in favor of Auto Club, the Court of Appeals held that plaintiffs were estopped from obtaining the equitable relief of reformation because the policy, as originally written 15 months before the accident, clearly stated that coverage was $100,000. The policy was subsequently renewed twice, each time for a six-month period. The Court of Appeals found no error in the trial court's ruling that the insured's failure to read the policy and seek corrective action during the 15-month period constituted estoppel.