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A Better Partnership

March 2010

Mar 2010
24
March 24, 2010

COA Opinion: Treble damages are allowed for cutting or carrying away another's grass, not for poisoning it

On March 23, 2010, the Court of Appeals issued an opinion authored by Judge Sawyer in Persell v. Wertz, No. 288858, partially reversing a jury verdict in favor of the plaintiff homeowners against their next-door neighbor for trespass, nuisance, defamation, and infliction of emotional distress. The Court dismissed three of the plaintiffs' four trespass and nuisance

Mar 2010
24
March 24, 2010

COA Opinion: Insurance policy's sexual molestation exclusion bars coverage regardless of intent to injure

On March 23, 2010, the Court of Appeals published its earlier January opinion in Doe v. Citizens Insurance Company, No. 288776. In this case, a plaintiff sought a declaratory judgment that the homeowners' insurance policy of a party alleged to be liable for a sexual assault had to defend and indemnify that party in plaintiff's civil suit. The Cour

Mar 2010
24
March 24, 2010

COA Opinion: Ambiguity cannot be construed against the drafter at the summary disposition stage

On Tuesday, March 23, 2010, the Michigan Court of Appeals issued its opinion in Old Republic National Title Co. v. First Metropolitan Title Co., No. 284767, reversing a trial court's grant of summary disposition regarding contract interpretation. The contract at issue involved a referral clause that the Court concluded was inherently

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