No “Bright Line” Dealing with Death

In an unpublished decision, the Michigan Court of Appeals in Erquhart v Auto Club Insurance Ass’n, Docket No. 340630, issued February 19, 2019, ruled that MCR 2.202(A)(1)(b) does not in fact contain a “bright line rule” requiring dismissal of a deceased party if a motion for substitution is made within 91 days. Rather, the court rule should be read as a whole, with the Court to consider whether there would be no prejudice to any other party if a later substitution was allowed.

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