Order Michigan Supreme Court
Lansing, Michigan
July 1, 2016 Robert P. Young, Jr.,
Chief Justice
152994 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
EMPLOYERS MUTUAL CASUALTY Joan L. Larsen,
COMPANY, Justices
Plaintiff/
Counter-Defendant-Appellee,
v SC: 152994
COA: 322215
Wayne CC: 12-002767-CK
HELICON ASSOCIATES, INC. and ESTATE
OF MICHAEL J. WITUCKI,
Defendants/Counter-Plaintiffs,
and
DR. CHARLES DREW ACADEMY and
JEREMY GILLIAM,
Defendants,
and
WELLS FARGO ADVANTAGE NATIONAL
TAX FREE FUND, WELLS FARGO
ADVANTAGE MUNICIPAL BOND FUND,
LORD ABBETT MUNICIPAL INCOME
FUND, INC. and PIONEER MUNICIPAL HIGH
INCOME ADVANTAGE,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the December 1, 2015
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing: (1) whether the consent judgment amounts to a “judgment or adjudication
. . . based on a determination” of the insured’s conduct [emphasis added]; and, if so,
(2) whether it was “a determination that acts of fraud or dishonesty were committed by
the ‘insured.’ ” The parties should not submit mere restatements of their application
papers.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
July 1, 2016
t0628
Clerk