Progressive Michigan Ins Co v. William Smith

Order Michigan Supreme Court Lansing, Michigan December 17, 2010 Marilyn Kelly, Chief Justice 141255 Michael F. Cavanagh Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway PROGRESSIVE MICHIGAN INSURANCE Alton Thomas Davis, COMPANY, Justices Plaintiff-Appellant, v SC: 141255 COA: 287505 Kent CC: 07-003903-CK WILLIAM SMITH and SHERI HARRIS, Defendants, and SCOTT MIHELSIC and ANDREA MIHELSIC, Defendants-Appellees, and PIONEER STATE MUTUAL INSURANCE COMPANY, Intervening Defendant. _________________________________________/ On order of the Court, the application for leave to appeal the March 16, 2010 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address whether the Legislature intended to include the final sentence of MCL 500.3009(2) in the required notice provisions of the insurance documents described in that provision. If the Legislature did not intend the final sentence to be included in the required notice provisions of the relevant insurance documents, the parties should address what effect, if any, this interpretation has on this case. 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. December 17, 2010 _________________________________________ p1214 Clerk