Song Yu v. Farm Bureau General Insurance Company of Michigan

Order Michigan Supreme Court
Lansing, Michigan

December 20, 2017 Stephen J. Markman,
Chief Justice

155811 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
SONG YU and SANG CHUNG, Elizabeth T. Clement,
Justices
Plaintiffs-Appellees,
v SC: 155811
COA: 331570
Ingham CC: 14-001421-CK
FARM BUREAU GENERAL INSURANCE
COMPANY OF MICHIGAN,
Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the April 11, 2017
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether the plain language of the insurance policy precluded coverage; (2) if
so, whether and under what circumstances the doctrine of equitable estoppel may be
applied to require an insurer to expand coverage that is contrary to the express terms of
an insurance contract; (3) whether an equitable estoppel claim requires that (a) a party
against whom the doctrine of equitable estoppel is to be applied has full knowledge of the
facts and circumstances involved, and (b) justifiable reliance on the part of the party
seeking to invoke it is shown; and (4) whether the defendant-insurer should be equitably
estopped from denying coverage in this case. The time allowed for oral argument shall
be 20 minutes for each side. MCR 7.314(B)(1).

The Director of the Department of Insurance and Financial Services (DIFS) and
the Insurance & Indemnity Law Section of the State Bar of Michigan are invited to file
briefs amicus curiae. Other persons or groups interested in the determination of the
issues presented in this case may move the Court for permission to file briefs amicus
curiae.

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.
December 20, 2017
p1213
Clerk