Order Michigan Supreme Court
Lansing, Michigan
September 21, 2012 Robert P. Young, Jr.,
Chief Justice
144771 Michael F. Cavanagh
Marilyn Kelly
144792 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
MICHIGAN INSURANCE COMPANY, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 144771
COA: 301980
Oakland CC: 09-104725-NF
NATIONAL LIABILITY & FIRE
INSURANCE COMPANY,
Defendant-Appellee.
_________________________________________/
MICHIGAN INSURANCE COMPANY,
Plaintiff-Appellee,
v SC: 144792
COA: 301980
Oakland CC: 09-104725-NF
NATIONAL LIABILITY & FIRE
INSURANCE COMPANY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the applications for leave to appeal the February 14, 2012
judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral
argument on whether to grant the applications or take other action. MCR 7.302(H)(1).
At oral argument, the parties shall address: (1) whether the resident of the foster care
facility injured as a pedestrian in this case can be deemed a “family member” under the
definition provided in the policy issued to the facility in this case; (2) if the resident was
such a “family member,” whether the policy coverage extended thereby established a
priority for the payment of PIP benefits higher than the priority established by MCL
500.3115(1); and (3) whether the decision in United States Fidelity & Guaranty Co v
Citizens Ins Co, 241 Mich App 83 (2000), was correctly decided. The parties may file
supplemental briefs within 35 days of the date of this order, but they should not submit
mere restatements of their application papers.
I, Corbin R. Davis, 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.
September 21, 2012 _________________________________________
t0918 Clerk