Michigan Compiled Laws

Mich. Comp. Laws § 500.2860 (2026)

Contrary provision void.

✓ current as of July 2026

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THE INSURANCE CODE OF 1956

Act 218 of 1956

500.2860 Contrary provision void.

Sec. 2860.

Any provision of a fire insurance policy, which is contrary to the provisions of this chapter, shall be absolutely void, and an insurer issuing a fire insurance policy containing any such provision shall be liable to the insured under the policy in the same manner and to the same extent as if the provision were not contained in the policy.

History: 1956, Act 218, Eff. Jan. 1, 1957 ;-- Am. 1962, Act 71, Eff. Mar. 28, 1963 ;-- Am. 1990, Act 305, Imd. Eff. Dec. 14, 1990

PopularName Notes:

Act 218

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 1994–2024 · leading case: Jimenez v. Allstate Indem. Co., 765 F. Supp. 2d 986 (E.D. Mich. 2011).

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Jimenez v. Allstate Indem. Co., 765 F. Supp. 2d 986 (E.D. Mich. 2011). · cites it 6× “Mich. Comp. Laws § 500.2860 ; see, e.g., Randolph v.”

Smitham v. State Farm Fire & Cas. Co., 824 N.W.2d 601 (Mich. Ct. App. 2012). · cites it 4× “2833(l)(q); accordingly, that portion of defendant’s policy is absolutely void under MCL 500.2860. We therefore conclude that the trial court erred by granting summary disposition to defendant and reverse and remand for further proceedings consistent with this opinion.”

Randolph v. State Farm Fire & Cas. Co., 580 N.W.2d 903 (Mich. Ct. App. 1998). · cites it 3× “On appeal, defendant argues that the one-year, contractual statute of limitations contained in the policy was not contrary to MCL 500.”

Borman v. State Farm Fire & Cas. Co, 521 N.W.2d 266 (Mich. 1994). “[MCL 500.2860; MSA 24.12860.] 4 The homeowner’s insurance policy issued by State Farm contained the following provision in § I — Conditions: 14.”

Bates v. Hartford Ins. Co. of Midwest, 787 F. Supp. 2d 657 (E.D. Mich. 2011). “Law § 500.2860, a court should read the corresponding insurance code provision into the policy only if the provision is mandatory.”

Hart, Jr. v. State Farm Fire & Cas. Co. (E.D. Mich. 2021). · cites it 11× “MCL 500.2860. Plaintiffs allege that Defendant’s Policy Form HW-2122 contains nine provisions that should be void as contrary to MCL 500.”

Hart, Jr. v. State Farm Fire & Cas. Co. (E.D. Mich. 2021). · cites it 4× “A challenge under MCL § 500.2860 is the equivalent of a public policy challenge because that statute codifies the longstanding rule that contracts which violate or “contravene[] the policy and spirit of [state] statute[s]” are void.”

Home-Owners Ins. Co. v. Nancy Perkins (Mich. Ct. App. 2019). “Plaintiff denies having waived the one-year limitation period and 5 According to MCL 500.2860, “[a]ny provision of a fire insurance policy, which is contrary to the provisions of this chapter, shall be absolutely void, and an insurer issuing a fire insurance policy containing…”

Novo Bojovic v. State Farm Fire & Cas. Co. (Mich. Ct. App. 2024). “Plaintiffs also argue that the trial court erred by declining to decide whether various appraisal provisions in defendant’s policy were unenforceable under MCL 500.2860 because they conflicted with MCL 500.”

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