Skip to main content
A Better Partnership
September 21, 2010

MSC Order List: September 17, 2010

The Michigan Supreme Court took substantive action in three cases. The Court ordered oral argument on the application for leave in Amerisure Mutual Insurance Co. v. Hall Steel Co., No. 140784, to address whether the act of supplying a nonconforming grade of steel is an "occurrence" under the terms of Amerisure's insurance policy. The Court of Appeals unanimously concludedthat the act of supplying nonconforming steel was an "accident" which is included in the policy's definition of "occurrence," and therefore Amerisure was indemnify and defend Hall Steel Co. for the loss.

In Geico Indemnity Co. v. Goldstein, No. 140662, the Court ordered the parties to submit supplemental briefing to address the question of if Geico was obligated to provide no-fault coverage (an issue in dispute on appeal), does that satisfy the requirement of an individual having no-fault coverage to be eligible for personal-protection-insurance benefits even if the individual is an otherwise uninsured constructive owner of the vehicle. The applications for leave remain pending.

Finally, in People v. Adams, No. 140384, the Court granted a motion for reconsideration, reversed its earlier decision denying leave to appeal, vacated the Court of Appeals' decision, and remanded the case to the Court of Appeals for a new appeal. The defendant requested appointed counsel in the district court while his appeal was pending in the Court of Appeals, but counsel was not appointed until after the Court of Appeals had issued its judgment. The Court concluded that the defendant had been deprived his right to appellate counsel. Justice Davis did not participate in this case because he was part of the panel in the Court of Appeals.

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset