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A Better Partnership

March 2014

Mar 2014
March 10, 2014

MSC rejects settlement agreement between judicial tenure commission and Judge Sheila Gibson, and remands the matter for further investigation

The Michigan Supreme Court rejected a settlement between the Judicial Tenure Commission and  Wayne County Circuit Court Judge Sheila Gibson whereby the judge would be publicly censured.  In rejecting the settlement, the Court noted that the Commission's investigation, which led to the settlement, focused on the judge's absence and tardiness only during a one-week period of time.  The Court noted that it was important to determine whether there was a pattern and practice of such behavior and therefore remanded the matter to the Commission for further proceedings, and urged them to look at the judge's behavior over time.  Justice Cavanagh dissented, indicating he would accept the settlement and Justice Kelly did not participate in the decision.

Mar 2014
March 07, 2014

COA rules that a mortgagee can enforce homeowners insurance policy, even if homeowner cannot

In Wells Fargo Bank v. Null, the Michigan Court of Appeals held that an insurance policy’s standard mortgage clause, allowing the mortgagee to recover its losses under the policy, remains enforceable even if the policy does not cover the insured.  The insured was not able to enforce the policy because the named insured did not reside in the home as the policy required.

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