Order Michigan Supreme Court
Lansing, Michigan
April 1, 2011 Robert P. Young, Jr.,
Chief Justice
141510(46) Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
CYNTHIA C. RUZAK, Mary Beth Kelly
Plaintiff-Appellee, Brian K. Zahra,
Justices
v SC: 141510
COA: 288053
Grand Traverse CC: 06-025177-NI
USAA INSURANCE AGENCY, INC.,
Defendant-Appellant,
and
JAY D. RUZAK,
Defendant.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s November
19, 2010 order is considered, and it is GRANTED. We VACATE our order dated
November 19, 2010. On reconsideration, the application for leave to appeal the April 27,
2010 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1),
in lieu of granting leave to appeal, we REVERSE that part of the judgment of the Court
of Appeals holding that the “law of the case” doctrine prohibited the panel from
considering the defendant’s arguments regarding the renewal rule. Although the Court of
Appeals panel that initially considered the case in 2008 remanded for the Grand Traverse
Circuit Court to make factual determinations dating back to the insurance policy
purchased by the plaintiff in the late 1960s, the panel did not expressly address the
defendant’s arguments that: (a) the renewal rule does not apply when a new insurance
policy is issued pursuant to an insured’s move to a new state; and (b) the renewal rule
does not apply where the last change in the insurance policy did not produce a decrease in
coverage, but an increase. We REMAND this case to the Court of Appeals for
consideration of the defendant’s arguments in this regard. In all other respects, leave to
appeal is DENIED, because we are not persuaded that the remaining question presented
should now be reviewed by this Court.
We do not retain jurisdiction.
ZAHRA, J., did not participate because he was on the Court of Appeals panel.
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.
April 1, 2011 _________________________________________
d0329 Clerk