mend-the-hold doctrine (Michigan) · Go Syfert
← Michigan issues

mend-the-hold doctrine in Michigan

5 Michigan opinions name it 1 courts 2022–2026 5 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Michigan.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Smith v. Grange Mutual Fire Insurance green
mich · 1926
2 sentences

2026The mend-the-hold doctrine provides that, “when a loss under an insurance policy has occurred and payment refused for reasons stated, good faith requires that the company shall fully apprise the insured of all the defenses it intends to rely upon, and its failure to do so is, in legal effect, a waiver, and estops it from maintaining any defenses to an action on the policy other than those of which it has thus given notice.” Smith v Grange Mut Fire Ins Co of Mich, 234 Mich 119, 122-123 ; 208 NW 145 (1926).

2026The mend-the-hold doctrine provides that, “when a loss under an insurance policy has occurred and payment refused for reasons stated, good faith requires that the company shall fully apprise the insured of all the defenses it intends to rely upon, and its failure to do so is, in legal effect, a waiver, and estops it from maintaining any defenses to an action on the policy other than those of which it has thus given notice.” Smith v Grange Mut Fire Ins Co of Mich, 234 Mich 119, 122-123 ; 208 NW 145 (1926).

32022–2026
Smit v. State Farm Mutual Automobile Insurance green
michctapp · 1994
2 sentences

2023As this Court explained in Smit v State Farm Mut Auto Ins Co, 207 Mich App 674, 680 ; 525 NW2d 528 (1994): [T]he Supreme Court limited the application of waiver and estoppel in Ruddock v Detroit Life Ins Co, 209 Mich 638 ; 177 NW 242 (1920).

2023As this Court explained in Smit v State Farm Mut Auto Ins Co, 207 Mich App 674, 680 ; 525 NW2d 528 (1994): [T]he Supreme Court limited the application of waiver and estoppel in Ruddock v Detroit Life Ins Co, 209 Mich 638 ; 177 NW 242 (1920).

22022–2023
C. E. Tackels, Inc. v. Fantin neutral
mich · 1954
2 sentences

2023In C E Tackels, Inc v Fantin, 341 Mich 119, 124 ; 67 NW2d 71 (1954), our Supreme Court explained the mend-the-hold doctrine—which is sometimes referred to as “waiver and estoppel”— as follows: Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon another and a different consideration.

2023In C E Tackels, Inc v Fantin, 341 Mich 119, 124 ; 67 NW2d 71 (1954), our Supreme Court explained the mend-the-hold doctrine—which is sometimes referred to as “waiver and estoppel”— as follows: Where a party gives a reason for his conduct and decision touching anything involved in a controversy, he cannot, after litigation has begun, change his ground, and put his conduct upon another and a different consideration.

22023–2023
Ruddock v. Detroit Life Insurance green
mich · 1920
2 sentences

2023As this Court explained in Smit v State Farm Mut Auto Ins Co, 207 Mich App 674, 680 ; 525 NW2d 528 (1994): [T]he Supreme Court limited the application of waiver and estoppel in Ruddock v Detroit Life Ins Co, 209 Mich 638 ; 177 NW 242 (1920).

2023As this Court explained in Smit v State Farm Mut Auto Ins Co, 207 Mich App 674, 680 ; 525 NW2d 528 (1994): [T]he Supreme Court limited the application of waiver and estoppel in Ruddock v Detroit Life Ins Co, 209 Mich 638 ; 177 NW 242 (1920).

22022–2023
Bank v. Michigan Education Association-Nea green
michctapp · 2016
2 sentences

2025Bank v Mich Educ Ass’n-NEA, 315 Mich App 496, 499 ; 892 NW2d 1 (2016). -4-

2025Bank v Mich Educ Ass’n-NEA, 315 Mich App 496, 499 ; 892 NW2d 1 (2016). -4-

12025–2025
Lee v. Evergreen Regency Cooperative green
michctapp · 1986
2 sentences

2023Consequently, except under limited circumstances not applicable here, 2 the mend- the-hold doctrine cannot be used to broaden policy coverage to cover risks not included in the 2 See Lee v Evergreen Regency Co-op & Mgt Sys, Inc, 151 Mich App 281, 286-287 ; 390 NW2d 183 (1986) (noting two limited classes of cases in which estoppel can be used “to bring within coverage risks not covered by the policy terms.”). -7- policy.

2023Consequently, except under limited circumstances not applicable here, 2 the mend- the-hold doctrine cannot be used to broaden policy coverage to cover risks not included in the 2 See Lee v Evergreen Regency Co-op & Mgt Sys, Inc, 151 Mich App 281, 286-287 ; 390 NW2d 183 (1986) (noting two limited classes of cases in which estoppel can be used “to bring within coverage risks not covered by the policy terms.”). -7- policy.

12023–2023
South MacOmb Disposal Authority v. American Insurance green
michctapp · 1998
2 sentences

2022The mend-the-hold doctrine has also been applied in the insurance context: This court has many times held, and it must be accepted as the settled law of this state, that, when a loss under an insurance policy has occurred and payment refused for reasons stated, good faith requires that the company shall fully apprise the insured of all the defenses it intends to rely upon, and its failure to do so is, in legal effect, a waiver, and estops it from maintaining any defenses to an action on the policy other than those of which it has thus given notice. [Smith v Grange Mut Fire Ins Co of Mich, 234

2022The mend-the-hold doctrine has also been applied in the insurance context: This court has many times held, and it must be accepted as the settled law of this state, that, when a loss under an insurance policy has occurred and payment refused for reasons stated, good faith requires that the company shall fully apprise the insured of all the defenses it intends to rely upon, and its failure to do so is, in legal effect, a waiver, and estops it from maintaining any defenses to an action on the policy other than those of which it has thus given notice. [Smith v Grange Mut Fire Ins Co of Mich, 234

12022–2022

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 500.3101 (4) MI § Mich. Comp. Laws § 500.3114 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 5 (1993–2008) MI 5 (2022–2026) AL 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check