Mohamed Alani v. Geico Indemnity Company

Order Michigan Supreme Court Lansing, Michigan October 29, 2019 Bridget M. McCormack, Chief Justice 157368 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman MOHAMED ALANI, Brian K. Zahra Plaintiff-Appellant, Richard H. Bernstein Elizabeth T. Clement v SC: 157368 Megan K. Cavanagh, Justices COA: 334061 Wayne CC: 15-010052-NF GEICO INDEMNITY COMPANY, GEICO GENERAL INSURANCE COMPANY, PROGRESSIVE MICHIGAN INSURANCE COMPANY, and PROGRESSIVE MARATHON INSURANCE COMPANY, Defendants, and SENTINEL INSURANCE COMPANY, LTD., Defendant-Appellee. __________________________________________/ By order of September 12, 2018, the application for leave to appeal the January 30, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in Dye v Esurance Prop & Cas Ins Co (Docket No. 155784). On order of the Court, the case having been decided on July 11, 2019, 504 Mich ___ (2019), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals for the reasons stated in Dye. We REMAND this case to the Wayne Circuit Court for further proceedings not inconsistent with this order. BERNSTEIN, J., did not participate because he has a family member with an interest that could be affected by the proceeding. CAVANAGH, J., did not participate 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. October 29, 2019 a1021 Clerk