Order Michigan Supreme Court
Lansing, Michigan
May 20, 2020 Bridget M. McCormack,
Chief Justice
160578 David F. Viviano,
Chief Justice Pro Tem
WESLEY ZOO YANG and VIENGKHAM Stephen J. Markman
MOUALOR, Brian K. Zahra
Plaintiffs-Appellees, Richard H. Bernstein
v SC: 160578 Elizabeth T. Clement
COA: 344987 Megan K. Cavanagh,
Justices
EVEREST NATIONAL INSURANCE Wayne CC: 17-018062-NF
COMPANY,
Defendant-Appellant,
and
MOTORIST MUTUAL INSURANCE
COMPANY,
Defendant-Appellee.
______________________________________/
On order of the Court, the application for leave to appeal the August 27, 2019
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: (1) whether an insurer may cancel an insurance policy in compliance with
MCL 500.3020(1)(b) by mailing a written notice of cancellation to the insured before the
grounds for cancellation have occurred; and (2) whether the appellant’s written notice of
cancellation complied with the provision in the insurance policy that requires “at least 10
days notice by first class mail, if cancellation is for non-payment of premium.” 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). The appellees shall file supplemental briefs within 21
days of being served with the appellant’s brief. The appellees shall also electronically file
appendices, 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 latter of the appellees’ briefs. The parties should not submit mere restatements of
their application papers.
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.
May 20, 2020
a0520
Clerk