State Farm Fire and Cas. Co. v. Old Republic Ins. Co.
Opinion
635 N.W.2d 305 (2001)
STATE FARM FIRE AND CASUALTY COMPANY, a Foreign corporation, as Subrogee of Ibrahim MROUE d/b/a Family Bakery, Plaintiff-Appellee,
v.
OLD REPUBLIC INSURANCE COMPANY, Defendant-Appellant.
Docket No. 117470, COA No. 205260.
Supreme Court of Michigan.
November 14, 2001.
On order of the Court, the application for leave to appeal from the July 28, 2000 decision of the Court of Appeals is considered, and it is GRANTED, limited to the issue of whether the inquiry under M.C.L. § 500.3123; MSA 24.13123, is limited to the property protection insurance policy that covers the "vehicle involved in the motor vehicle accident out of which the property damage arose," or whether damage is excluded from property protection benefits if the property owner was named in any property protection insurance policy.
*306 WEAVER, J., concurs and states as follows:
While I agree with the majority's decision to grant leave in this matter, I would also have the parties address the first issue raised by appellantwhether the driver was a "person named" under the property protection insurance policy covering the rental truck.
MARILYN J. KELLY, J., states as follows:
I agree with the order granting leave along with Justice Weaver's concurring statement.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(directing the parties to brief whether "the inference upon inference rule of People v. Atley, 392 Mich. 298, 220 N.W.2d 465 (1974), was violated under the facts ... and whether that decision should be overruled")
Cited by 2 cases
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