Automobile Club Ins Association v. State Farm Mutual Auto Ins Co

Order Michigan Supreme Court
Lansing, Michigan

March 23, 2012 Robert P. Young, Jr.,
Chief Justice

143808 & (54) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
AUTOMOBILE CLUB INSURANCE Brian K. Zahra,
ASSOCIATION, Justices
Plaintiff-Appellee/
Cross-Appellant,
v SC: 143808
COA: 294324
Ingham CC: 08-001249-NF
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
Defendant-Appellant/
Cross-Appellee,
and
ALLSTATE INSURANCE COMPANY,
Defendant.

_________________________________________/

On order of the Court, the application for leave to appeal the June 21, 2011
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant 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). The parties shall submit
supplemental briefs within 42 days of the date of this order addressing whether legal
residence and domicile of the insured minor were conclusively established in Tennessee
pursuant to the judgment of divorce entered by the Wayne Circuit Court, as amended, or
whether the minor had the capacity to acquire a different legal residence or domicile of
choice. See, e.g., Vanguard Ins Co v Racine, 224 Mich App 229, 233 (1997);
MCR 3.211(C)(1) and (3); 8 Mich Civ Jur, Domicile § 7; Restatement (Second), Conflict
of Laws, §§ 15 and 22(1) comments a and d. The parties 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.
March 23, 2012 _________________________________________
p0320 Clerk