No Liability for Failing to Advise Clients on Item Clients Could Have Discovered by Reading Their Insurance Policy
By Will Jordan
Clients brought a legal malpractice action against their attorney, alleging the attorney failed to advise them that a claim against their home insurer had to be filed within one year of the date of the loss. The Court affirmed summary judgment in favor of the attorney, noting that the insurance policy expressly provided that any suit or action against the insurer must be brought within one year of the loss. The Court held that (1) an insurance policy holder is responsible for knowledge of the terms of his policy and is presumed to know its terms (whether he actually reads the policy or not); and (2) an attorney has “no obligation to inform [a client] of what [the client] already knew as a matter of law.”
Stevens v. Rasor Law Firm, No. 319449 (Mich. Ct. App., May 12, 2015).
Read the full opinion here.