Following the prior Lesson, does MCL 500.3008 mean that old claims-made coverages (Lesson 87) can be triggered if notice was not reasonably possible during the claims-made policy period?
In a word, no.
The Michigan Supreme Court (Stine v. Cont’l Cas. Co., 419 Mich. 89, 105-106 (1984)) has explained that:
“Since in a “claims made” policy the requirement that a claim against the insured be made during the policy period essentially defines the coverage available rather than establishing a notice requirement, as a general proposition, § 3008 will affect a “claims made” policy only with respect to its notice provision.”
In other words, the fact that an insured complied with the notice provisions in her claims-made policy cannot overcome that the policy’s coverage was not triggered (because the insured did not receive the claim during the policy period).