Order Michigan Supreme Court
Lansing, Michigan
July 26, 2019 Bridget M. McCormack,
Chief Justice
158141 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
KAITLIN HAHN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 158141
COA: 336583
Oakland CC: 2016-152229-NF
GEICO INDEMNITY COMPANY,
Defendant-Appellant,
and
AUTOMOBILE CLUB INSURANCE
ASSOCIATION,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 12, 2018
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this
order addressing whether: (1) MCL 500.3012 permits the reformation of a non-Michigan
insurance contract to comply with the requirements of the Michigan no-fault act, MCL
500.3101 et seq; and (2) Farm Bureau Ins Co v Allstate Ins Co, 233 Mich App 38 (1998),
was correctly decided, and if not, whether it should be overruled.
In addition to the brief, the appellant shall electronically file an appendix
conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the
appendix page numbers as required by MCR 7.312(B)(1). Appellee Hahn shall file a
supplemental brief within 21 days of being served with the appellant’s brief. The
appellee shall also electronically file an appendix, or in the alternative, stipulate to the use
of the appendix filed by the appellant. A reply, if any, must be filed by the appellant
within 14 days of being served with the appellee’s brief. The parties should not submit
mere restatements of their application papers.
2
The Insurance Alliance of Michigan and the Coalition Protecting Auto No-Fault
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.
CAVANAGH, J., not participating due to her prior relationship with Garan Lucow
Miller, P.C.
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 26, 2019
t0723
Clerk