Order Michigan Supreme Court
Lansing, Michigan
September 21, 2011 Robert P. Young, Jr.,
Chief Justice
143330 Michael F. Cavanagh
Marilyn Kelly
PROGRESSIVE MARATHON INSURANCE Stephen J. Markman
Diane M. Hathaway
COMPANY, Mary Beth Kelly
Plaintiff/Cross-Defendant- Brian K. Zahra,
Appellant, Justices
v SC: 143330
COA: 296502
Ottawa CC: 09-001034-CZ
RYAN DEYOUNG and NICOLE L.
DEYOUNG,
Defendants,
and
SPECTRUM HEALTH HOSPITALS and
MARY FREE BED REHABILITATION
HOSPITAL,
Intervenors/Cross-Plaintiffs-Appellees,
and
CITIZENS INSURANCE COMPANY OF
AMERICA,
Intervenor/Cross-Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the May 24, 2011
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address: (1) whether an immediate family member who knows that he or she has been
forbidden to drive a vehicle, and has been named in the no-fault insurance policy
applicable to the vehicle as an excluded driver, but who nevertheless operates the vehicle
and sustains personal injury in an accident while doing so, comes within the so-called
“family joyriding exception” to MCL 500.3113(a); and (2) if so, whether the “family
joyriding exception” should be limited or overruled.
The Michigan Association for Justice, the Michigan Insurance Federation, the
Michigan Defense Trial Counsel, Inc., the Michigan Health and Hospital Association,
and the Commissioner of Insurance are invited to file briefs amicus curiae. Other persons
or groups interested in the determination of the issues presented may move the Court for
permission to file briefs amicus curiae.
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, 2011 _________________________________________
p0914 Clerk