Michigan Compiled Laws

Mich. Comp. Laws § 500.2833 (2026)

Fire insurance policy; mandatory provisions; coverage.

✓ current as of July 2026

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THE INSURANCE CODE OF 1956

Act 218 of 1956

500.2833 Fire insurance policy; mandatory provisions; coverage.

Sec. 2833.

(1) Each fire insurance policy issued or delivered in this state shall contain the following provisions:

(a) That the policy shall provide, at a minimum, coverage for the actual cash value of the property at the time of the loss, subject to all other provisions contained herein.

(b) That the policy shall provide, at a minimum, coverage for direct loss by fire and lightning and pro rata coverage for 5 days for insured property removed to another location if it is moved to preserve it from damage by a covered peril.

(d) That property which is not covered under the policy.

(e) Those perils that are not covered under the policy.

(f) Those conditions which result in the suspension or restriction of insurance.

(g) A provision for waiving or changing a provision under the policy.

(h) That the policy may be canceled at any time at the request of the insured. The minimum earned premium shall not be less than the pro rata premium for the expired time or $25.00, whichever is greater.

(i) That the policy may be canceled at any time by the insurer by mailing to each insured named in the policy at the insured's address last known to the insurer or an authorized agent of the insurer, not less than 10 days before the cancellation, with postage fully prepaid, a written notice of cancellation with or without tender of the excess minimum earned premium. The minimum earned premium shall not be less than the pro rata premium for the expired time or $25.00, whichever is greater. The excess, if not tendered, shall be refunded on demand and the notice of cancellation shall state that the excess premium, if not tendered, will be refunded on demand.

(j) That if a loss is payable under the policy, in whole or in part, to a designated mortgagee not named in the policy as the insured, the interest in the policy may be canceled by the insurer by giving to the mortgagee not less than 10 days' written notice of cancellation. If the insured fails to render proof of loss, the mortgagee, upon notice, shall render proof of loss within 60 days after the notice. If the insurer claims that no liability existed as to the mortgagor or owner, it shall, to the extent of payment of loss to the mortgagee, be subrogated to all the mortgagee's rights of recovery, but without impairing the mortgagee's right to sue; or the insurer may pay off the mortgage debt and require an assignment of the debt and of the mortgage. Subrogation pursuant to this subdivision shall include contractual as well as tort rights of action, but only to the extent of the loss. An action may be maintained by either the insured or insurer or by both of them jointly, to recover their respective portions of the loss.

(k) That the insurer's liability shall not be greater than the pro rata share with other insurance for the peril involved.

(l) The notification requirements when a loss occurs.

(m) That if the insured and insurer fail to agree on the actual cash value or amount of the loss, either party may make a written demand that the amount of the loss or the actual cash value be set by appraisal. If either makes a written demand for appraisal, each party shall select a competent, independent appraiser and notify the other of the appraiser's identity within 20 days after receipt of the written demand. The 2 appraisers shall then select a competent, impartial umpire. If the 2 appraisers are unable to agree upon an umpire within 15 days, the insured or insurer may ask a judge of the circuit court for the county in which the loss occurred or in which the property is located to select an umpire. The appraisers shall then set the amount of the loss and actual cash value as to each item. If the appraisers submit a written report of an agreement to the insurer, the amount agreed upon shall be the amount of the loss. If the appraisers fail to agree within a reasonable time, they shall submit their differences to the umpire. Written agreement signed by any 2 of these 3 shall set the amount of the loss. Each appraiser shall be paid by the party selecting that appraiser. Other expenses of the appraisal and the compensation of the umpire shall be paid equally by the insured and the insurer.

(n) That the insurer may repair, replace, rebuild, or take the property.

(o) That there can be no abandonment to the insurer of any property.

(p) Except as otherwise provided in section 2845, that the loss is payable within 30 days after receipt of proof of amount of loss.

(q) That an action under the policy may be commenced only after compliance with the policy requirements. An action must be commenced within 1 year after the loss or within the time period specified in the policy, whichever is longer. The time for commencing an action is tolled from the time the insured notifies the insurer of the loss until the insurer formally denies liability.

(r) That the insurer is subrogated to the insured's right of recovery from other parties.

(s) That each fire insurance policy subject to this section shall be effective at 12:01 a.m., standard time, at the location of the property involved.

(2) Except as otherwise provided in this act, each fire insurance policy issued or delivered in this state pursuant to subsection (1) shall contain, at a minimum, the coverage provided in the standard fire policy under former section 2832.

History: Add. 1990, Act 305, Imd. Eff. Dec. 14, 1990

PopularName Notes:

Act 218

Notes of Decisions

Cited in 90 cases (35 in the last 5 years), 1993–2026 · leading case: McNeel v. Farm Bureau Gen. Ins., 795 N.W.2d 205 (Mich. Ct. App. 2010).

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McNeel v. Farm Bureau Gen. Ins., 795 N.W.2d 205 (Mich. Ct. App. 2010). · cites it 21× “When we talked about an insurance contract earlier in the litigation, it involved interpretation and doing battle over MCL 500.2833 regarding limitation issues.”

Acorn Inv. Co v. Michigan Basic Prop. Ins. Assn, 52 N.W.2d 22 (Mich. 2014). · cites it 19× “Therefore, it was necessary to vacate the Court of Appeals’ decision in that regard and remand the issue of debris-removal expenses for the circuit court to determine (1) whether the appraisal panel had the ability under MCL 500.2833 to determine debris-removal expenses, (2) if…”

Angott v. Chubb Grp. of Ins. Companies, 717 N.W.2d 341 (Mich. Ct. App. 2006). · cites it 14× “Coverage has been afforded; only damages are at issue which are subject to the appraisal provisions of MCLA 500.2833. Moreover, as part of its affirmative defenses, defendant stated: 6.”

Evanston Ins. Co. v. Cogswell Props., LLC, 683 F.3d 684 (6th Cir. 2012). · cites it 6× “Cogswell *686 Properties appeals (1) the order of the district court vacating an appraisal award reached by an umpire pursuant to the Michigan appraisal statute, Mich. Comp. Laws § 500.2833 (l)(m), on an insurance policy issued by Plaintiff-Appellee, Evans-ton Insurance Company…”

The D Boys LLC v. Mid-Century Ins. Co., 644 F. App'x 574 (6th Cir. 2016). · cites it 7× “The district court ruled that this dispute was governed by Mich. Comp. Laws Ann. § 500.2833 (l)(m), which mandated that both parties participate in Michigan’s statutory appraisal process.”

Williams v. Auto Club Grp. Ins., 569 N.W.2d 403 (Mich. Ct. App. 1997). · cites it 16× “§ 500.2833; M.S.A. § 24.12833 and granted plaintiff's motion for partial summary disposition regarding liability pursuant to MCR 2.”

Griswold Props., LLC v. Lexington Ins., 740 N.W.2d 659 (Mich. Ct. App. 2007). · cites it 12× “MCL 500.2833 replaced it. Although MCL *560 500.”

Frans v. Harleysville Lake States Ins., 714 N.W.2d 671 (Mich. Ct. App. 2006). · cites it 14× “Because MCL 500.2833(1)(m) mandates inclusion of the appraisal provision contained in the fire insurance policy at issue, and because the statutory language of MCL 500.”

Smitham v. State Farm Fire & Cas. Co., 824 N.W.2d 601 (Mich. Ct. App. 2012). · cites it 10× “Although this case addresses the loss of personal property resulting from theft, the parties agree that plaintiffs insurance policy was a fire insurance policy and that MCL 500.2833(1) (q) controls here. Jimenez v Allstate Indemnity Co, 765 F Supp 2d 986 (ED Mich, 2011).”

Jimenez v. Allstate Indem. Co., 765 F. Supp. 2d 986 (E.D. Mich. 2011). · cites it 12× “Allstate’s Motion for Judgment on the Pleadings Allstate seeks a judgment on the pleadings, on the ground that Jimenez’s claims are barred because he did not file *989 his action within one year of the date of loss as required by both Allstate’s policy and Mich. Comp. Laws §…”

Auto-Owners Ins. v. Allied Adjusters & Appraisers, Inc., 605 N.W.2d 685 (Mich. Ct. App. 2000). · cites it 6× “However, plaintiff and Allied were unable to agree on the amount of the losses, and in each case an appraisal of the loss was demanded under the policy provisions and MCL 500.2833(1)(m); MSA 24.12833(1)(m). Rapp and the Bankses named Lappin as their independent appraiser under…”

Randolph v. State Farm Fire & Cas. Co., 580 N.W.2d 903 (Mich. Ct. App. 1998). · cites it 10× “*104 The trial court denied defendant’s motion for summary disposition, ruling that this provision of the insurance policy was absolutely void because the policy lacked the tolling provision found in MCL 500.2833(1)(q); MSA 24.12833(1)(q). The trial court applied a general…”

Show all 90 citing cases →

— Mich. Comp. Laws § 500.2833(1) — 6 cases

Acorn Inv. Co v. Michigan Basic Prop. Ins. Assn, 52 N.W.2d 22 (Mich. 2014). “Therefore, it was necessary to vacate the Court of Appeals’ decision in that regard and remand the issue of debris-removal expenses for the circuit court to determine (1) whether the appraisal panel had the ability under MCL 500.2833 to determine debris-removal expenses, (2) if…”

Griswold Props., LLC v. Lexington Ins., 741 N.W.2d 549 (Mich. Ct. App. 2007).

Yaldo v. Allstate Prop. & Cas. Ins. Co., 641 F. Supp. 2d 644 (E.D. Mich. 2009).

Smitham v. State Farm Fire & Cas. Co., 824 N.W.2d 601 (Mich. Ct. App. 2012). “Although this case addresses the loss of personal property resulting from theft, the parties agree that plaintiffs insurance policy was a fire insurance policy and that MCL 500.2833(1) (q) controls here. Jimenez v Allstate Indemnity Co, 765 F Supp 2d 986 (ED Mich, 2011).”

Home-Owners Ins. Co. v. Nancy Perkins (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 500.2833(1)(c) — 6 cases

Williams v. Auto Club Grp. Ins., 569 N.W.2d 403 (Mich. Ct. App. 1997). “§ 500.2833; M.S.A. § 24.12833 and granted plaintiff's motion for partial summary disposition regarding liability pursuant to MCR 2.”

Dke Inc v. Secura Ins. Co. (Mich. Ct. App. 2018).

Dke Inc v. Secura Ins. Co. (Mich. 2020).

Marilyn Williams v. Farm Bureau Mut. Ins. Co of Michigan (Mich. Ct. App. 2021).

Mays (E.D. Mich. 2026).

— Mich. Comp. Laws § 500.2833(1)(h) — 1 case

Encova Ins. v. West Bend Mut. Ins. (E.D. Mich. 2023).

— Mich. Comp. Laws § 500.2833(1)(i) — 1 case

— Mich. Comp. Laws § 500.2833(1)(j) — 3 cases

Meemic Ins. Co. v. Angela Jones (Mich. 2022).

— Mich. Comp. Laws § 500.2833(1)(m) — 24 cases

Auto-Owners Ins. v. Allied Adjusters & Appraisers, Inc., 605 N.W.2d 685 (Mich. Ct. App. 2000). “However, plaintiff and Allied were unable to agree on the amount of the losses, and in each case an appraisal of the loss was demanded under the policy provisions and MCL 500.2833(1)(m); MSA 24.12833(1)(m). Rapp and the Bankses named Lappin as their independent appraiser under…”

Frans v. Harleysville Lake States Ins., 714 N.W.2d 671 (Mich. Ct. App. 2006). “Because MCL 500.2833(1)(m) mandates inclusion of the appraisal provision contained in the fire insurance policy at issue, and because the statutory language of MCL 500.”

White v. State Farm Fire & Cas. Co., 809 N.W.2d 637 (Mich. Ct. App. 2011).

Hart, Jr. v. State Farm Fire & Cas. Co. (E.D. Mich. 2021).

— Mich. Comp. Laws § 500.2833(1)(p) — 1 case

19900 W 9 Mile, LLC v. The Hanover Ins. Co. (E.D. Mich. 2023).

— Mich. Comp. Laws § 500.2833(1)(q) — 9 cases

McNeel v. Farm Bureau Gen. Ins., 795 N.W.2d 205 (Mich. Ct. App. 2010). “When we talked about an insurance contract earlier in the litigation, it involved interpretation and doing battle over MCL 500.2833 regarding limitation issues.”

Randolph v. State Farm Fire & Cas. Co., 580 N.W.2d 903 (Mich. Ct. App. 1998). “*104 The trial court denied defendant’s motion for summary disposition, ruling that this provision of the insurance policy was absolutely void because the policy lacked the tolling provision found in MCL 500.2833(1)(q); MSA 24.12833(1)(q). The trial court applied a general…”

Home-Owners Ins. Co. v. Nancy Perkins (Mich. Ct. App. 2019).

Norman Stevens v. Rasor Law Firm (Mich. Ct. App. 2015).

Metry v. State Farm Fire & Cas. Co. (E.D. Mich. 2025).

— Mich. Comp. Laws § 500.2833(1)(r) — 1 case

Encova Ins. v. West Bend Mut. Ins. (E.D. Mich. 2023).

— Mich. Comp. Laws § 500.2833(2) — 7 cases

Borman v. State Farm Fire & Cas. Co., 499 N.W.2d 419 (Mich. Ct. App. 1993).

Griswold Props., LLC v. Lexington Ins., 740 N.W.2d 659 (Mich. Ct. App. 2007). “MCL 500.2833 replaced it. Although MCL *560 500.”

Angott v. Chubb Grp. of Ins. Companies, 717 N.W.2d 341 (Mich. Ct. App. 2006). “Coverage has been afforded; only damages are at issue which are subject to the appraisal provisions of MCLA 500.2833. Moreover, as part of its affirmative defenses, defendant stated: 6.”

Borman v. State Farm Fire & Cas. Co, 521 N.W.2d 266 (Mich. 1994).

— Mich. Comp. Laws § 500.2833(k) — 1 case

Encova Ins. v. West Bend Mut. Ins. (E.D. Mich. 2023).

— Mich. Comp. Laws § 500.2833(l) — 1 case

Allen v. Michigan Basic Prop. Ins., 640 N.W.2d 903 (Mich. Ct. App. 2002).

— Mich. Comp. Laws § 500.2833(l)(m) — 13 cases

Dupree v. Auto-Owners Ins. Co, 857 N.W.2d 247 (Mich. 2014).

Smith v. State Farm Fire & Cas. Co., 737 F. Supp. 2d 702 (E.D. Mich. 2010).

— Mich. Comp. Laws § 500.2833(l)(p) — 3 cases

Griswold Props., LLC v. Lexington Ins., 740 N.W.2d 659 (Mich. Ct. App. 2007). “MCL 500.2833 replaced it. Although MCL *560 500.”

Griswold Props., LLC v. Lexington Ins., 741 N.W.2d 549 (Mich. Ct. App. 2007).

Yaldo v. Allstate Prop. & Cas. Ins. Co., 641 F. Supp. 2d 644 (E.D. Mich. 2009).

— Mich. Comp. Laws § 500.2833(l)(q) — 2 cases

Allen v. Michigan Basic Prop. Ins., 640 N.W.2d 903 (Mich. Ct. App. 2002).

— Mich. Comp. Laws § 500.2833(lXq) — 1 case

Allen v. Michigan Basic Prop. Ins., 640 N.W.2d 903 (Mich. Ct. App. 2002).

— Mich. Comp. Laws § 500.2833(m) — 3 cases

Griswold Props., LLC v. Lexington Ins., 740 N.W.2d 659 (Mich. Ct. App. 2007). “MCL 500.2833 replaced it. Although MCL *560 500.”

Michele a Forbes v. City of Ann Arbor (Mich. Ct. App. 2023).

Zamplas Johnson, P.C. v. Cincinnati Ins., 367 F. Supp. 2d 1101 (E.D. Mich. 2005).

— Mich. Comp. Laws § 500.2833(m)(1) — 2 cases

Arnett v. Allstate Veh. & Prop. Ins. Co. (E.D. Mich. 2024).

Christopher Leadbetter v. State Farm Fire & Cas. Co. (Mich. Ct. App. 2022).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.