Michigan Court of Appeals; Docket No. 58184; Unpublished
Judges R. B. Burns, Gillis, and Brennan; Unanimous
Official Michigan Reporter Citation: Not Applicable; Link to Opinion
STATUTORY INDEXING:
Tolling of Limitations for Estoppel [§3145]
Limitations Period for PPI Claims [§3145(2)]
TOPICAL INDEXING:
Not Applicable
CASE SUMMARY:
In this unanimous Opinion, the Court of Appeals held that the doctrine of promissory estoppel applied to toll the one year statute of limitations for claims of property protection insurance benefits. In so holding, the Court reversed the trial court's granting of a directed verdict on the basis of the statute of limitations and found that the plaintiffs had established a prima facie claim of promissory estoppel. The Court commented that, "Plaintiffs showed a promise of payment on the part of defendant's agent and forebearance on the part of themselves and their attorney. Whether defendant should have reasonably expected forebearance on the part of plaintiffs is a question for the trier of fact. The trial court erred in granting defendant's motion for directed verdict."