Order Michigan Supreme Court
Lansing, Michigan
December 11, 2019 Bridget M. McCormack,
Chief Justice
157692 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
ERIKA EASTER, Brian K. Zahra
Plaintiff-Appellant, Richard H. Bernstein
Elizabeth T. Clement
v SC: 157692 Megan K. Cavanagh,
Justices
COA: 335815
Eaton CC: 15-001492-NI
PROGRESSIVE MARATHON INSURANCE
COMPANY and MARK ALLEN HOCHSTETLER,
Defendants-Appellees.
_________________________________________/
By order of September 12, 2018, the application for leave to appeal the March 20,
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 167 (2019), the application is again
considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
REVERSE Part I.A. of the Court of Appeals judgment for the reasons stated in Dye. We
REMAND this case to the Eaton Circuit Court for further proceedings not inconsistent
with this order. In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining questions presented should be reviewed by this Court.
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.
December 11, 2019
a1204
Clerk