Mich. Comp. Laws » Michigan Compiled Laws / Chapter 500 / Act 218 of 1956
Michigan Compiled Laws

Mich. Comp. Laws § 500.2836 (2026)

Breach of warranty or condition as defense; payment of losses.

✓ current as of July 2026
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THE INSURANCE CODE OF 1956


Act 218 of 1956


500.2836 Breach of warranty or condition as defense; payment of losses.

Sec. 2836.

    (1)  An insurer shall not base a defense under the terms of a fire insurance policy permitted to be used in this state, upon a breach of warranty or condition occurring before loss, unless the breach exists at the time of the loss or contributes to the loss or to the amount of the loss.

    (2) Except as otherwise provided in section 2845, losses under any fire insurance policy shall be paid within 30 days after receipt of proof of the amount of the loss, notwithstanding the provisions of any contract or statute to the contrary.

History: 1956, Act 218, Eff. Jan. 1, 1957 ;-- Am. 1980, Act 495, Eff. Mar. 31, 1981 ;-- Am. 1990, Act 305, Imd. Eff. Dec. 14, 1990

PopularName Notes:

Act 218
Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1966–2023 · leading case: Griswold Props., LLC v. Lexington Ins., 740 N.W.2d 659 (Mich. Ct. App. 2007).
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Griswold Props., LLC v. Lexington Ins., 740 N.W.2d 659 (Mich. Ct. App. 2007). · cites it 6× “2006 provides for the imposition of penalty interest for the late payment of an insurance claim, in relevant part, as follows: *548 (1) A person must pay on a timely basis to its insured, an individual or entity directly entitled to benefits under its insured’s contract of…”
Griswold Props., LLC v. Lexington Ins., 741 N.W.2d 549 (Mich. Ct. App. 2007). “” MCL 500.2836(2) provides that except as stated in MCL 500.”
Burnside v. State Farm Fire & Cas. Co., 528 N.W.2d 749 (Mich. Ct. App. 1995). · cites it 2× “In their complaint, plaintiffs alleged the following claims: (1) breach of the insurance contract, including violations of MCL 500.2836; MSA 24.12836 and the Uniform Trade Practices Act (UTPA), MCL 500.”
In Re Certified Question, 319 N.W.2d 320 (Mich. 1982). “MCL 500.2836(2); MSA 24.12836(2) requires payment within 30 days.”
Hayes-Albion Corp. v. Whiting Corp., 459 N.W.2d 47 (Mich. Ct. App. 1990). · cites it 2× “*419 Defendant argues that MCL 500.2836(4); MSA 24.12836(4) precludes American from recovery.”
Scrima v. John Devries Agency, Inc., 103 B.R. 128 (W.D. Mich. 1989). “§ 500.2836(4). Moreover, under Michigan law IN A has a right of subrogation to its extent of the loss and can object to Transamerica’s cancellation on either tort or contract theories.”
Yaldo v. Allstate Prop. & Cas. Ins. Co., 641 F. Supp. 2d 644 (E.D. Mich. 2009). “§ 500.2836(2) provides that except as provided in Section 2845, “losses under any fire insurance policy shall be paid within thirty days after receipt of proof of the amount of loss, notwithstanding the provision of any contract or statute to the contrary.”
Linford Lounge, Inc. v. Michigan Basic Prop. Ins., 259 N.W.2d 201 (Mich. Ct. App. 1977). “” 7 But see MCLA 500.2836(2); MSA 24.12836(2): "All losses under any fire insurance policy shall be paid within 30 days, the provisions of any contract or statute to the contrary notwithstanding.”
State Farm Fire & Cas. Co. v. Farmers Ins. Exch., 264 N.W.2d 62 (Mich. Ct. App. 1978). “2832; MSA 24.12832. Under this statutorily mandated policy, plaintiff and defendant were each legally obligated to pay only one-half of the claim and defendant was unjustly enriched by plaintiff’s payment of the full claim.”
Krim v. Com. Union Assurance Co., 288 N.W.2d 463 (Mich. Ct. App. 1980). “Plaintiffs contend that payment by defendant was required within 30 days of the occurrence of the loss (the fire) under MCL 500.2836(2); MSA 24.12836(2) which states: "All losses under any fire insurance policy shall be paid within 30 days, the provisions of any contract or…”
Ford Motor Co. v. Lumbermens Mut. Cas. Co., 413 Mich. 22 (Mich. 1982). “MCL 500.2836(2); MSA 24.12836(2) requires payment within 30 days.”
Arkin Distrib. Co. v. Am. Ins., 271 N.W.2d 430 (Mich. Ct. App. 1978). “MCL 500.2836(2); MSA 24.12836(2) provides: "All losses under any fire insurance policy shall be paid within 30 days, the provisions of any contract or statute to the contrary notwithstanding.”
Show all 17 citing cases →
— Mich. Comp. Laws § 500.2836(2) — 11 cases
Griswold Props., LLC v. Lexington Ins., 740 N.W.2d 659 (Mich. Ct. App. 2007). “2006 provides for the imposition of penalty interest for the late payment of an insurance claim, in relevant part, as follows: *548 (1) A person must pay on a timely basis to its insured, an individual or entity directly entitled to benefits under its insured’s contract of…”
Griswold Props., LLC v. Lexington Ins., 741 N.W.2d 549 (Mich. Ct. App. 2007). “” MCL 500.2836(2) provides that except as stated in MCL 500.”
In Re Certified Question, 319 N.W.2d 320 (Mich. 1982). “MCL 500.2836(2); MSA 24.12836(2) requires payment within 30 days.”
Yaldo v. Allstate Prop. & Cas. Ins. Co., 641 F. Supp. 2d 644 (E.D. Mich. 2009). “§ 500.2836(2) provides that except as provided in Section 2845, “losses under any fire insurance policy shall be paid within thirty days after receipt of proof of the amount of loss, notwithstanding the provision of any contract or statute to the contrary.”
Linford Lounge, Inc. v. Michigan Basic Prop. Ins., 259 N.W.2d 201 (Mich. Ct. App. 1977). “” 7 But see MCLA 500.2836(2); MSA 24.12836(2): "All losses under any fire insurance policy shall be paid within 30 days, the provisions of any contract or statute to the contrary notwithstanding.”
— Mich. Comp. Laws § 500.2836(4) — 4 cases
Hayes-Albion Corp. v. Whiting Corp., 459 N.W.2d 47 (Mich. Ct. App. 1990). “*419 Defendant argues that MCL 500.2836(4); MSA 24.12836(4) precludes American from recovery.”
Scrima v. John Devries Agency, Inc., 103 B.R. 128 (W.D. Mich. 1989). “§ 500.2836(4). Moreover, under Michigan law IN A has a right of subrogation to its extent of the loss and can object to Transamerica’s cancellation on either tort or contract theories.”
State Farm Fire & Cas. Co. v. Farmers Ins. Exch., 264 N.W.2d 62 (Mich. Ct. App. 1978). “2832; MSA 24.12832. Under this statutorily mandated policy, plaintiff and defendant were each legally obligated to pay only one-half of the claim and defendant was unjustly enriched by plaintiff’s payment of the full claim.”
Encova Ins. v. West Bend Mut. Ins. (E.D. Mich. 2023).
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