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A Better Partnership
March 28, 2009

MSC Order List: March 28, 2009

On March 28, 2009, the Michigan Supreme Court denied six applications for leave; held People v. Richards, Case No. 137577 in abeyance pending the Court's resolution of People v. Idziak, Case No. 137301; and granted rehearing in United States Fidelity Insurance & Guaranty Co. v. Michigan Catastrophic Claims Assoc., Case Nos. 133466, 133468. Justices Corrigan and Young would have denied rehearing in the Fidelity Insurance case, in which the Court had held, 4-3, that where an MCCA member's policy only provides coverage for “reasonable charges,” the MCCA has the authority to refuse to indemnify unreasonable charges. (The Fidelity Insurance December 29, 2008 opinion, concurrence, and dissents can be found here.)

There are two notes of interest regarding the Fidelity Insurance case. First, Justice Markman, who concurred but did not join the original majority opinion, did not join the dissent from the order granting rehearing. Second, the Court declined to order additional briefing or a second oral argument, meaning that Justice Hathaway will be asked to decide the case based solely on the original briefing and argument, held while then-Chief Justice Taylor was still a member of the Court.

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