Order Michigan Supreme Court
Lansing, Michigan
November 24, 2010 Marilyn Kelly,
Chief Justice
140662 & (50) Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
GEICO INDEMNITY COMPANY, Stephen J. Markman
Plaintiff/Counter-Defendant- Diane M. Hathaway
Appellee, Alton Thomas Davis,
v SC: 140662 Justices
COA: 288418
Oakland CC: 2006-073586-NF
BELINDA GOLDSTEIN,
Defendant/Counter-Plaintiff/Third-
Party Plaintiff-Appellant,
and
DANIEL LEON,
Defendant/Counter-Plaintiff-Appellee,
v
FARMERS INSURANCE EXCHANGE,
Third-Party Defendant/Appellee.
_________________________________________/
By order of September 17, 2010, the parties were directed to file supplemental
briefs. On order of the Court, the briefs having been received, the application for leave to
appeal the January 19, 2010 judgment of the Court of Appeals is again considered and,
pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE part III
(B) of the Court of Appeals opinion and REMAND this case to the Court of Appeals for
consideration of the issue whether, because the titled owner of the vehicle involved in the
accident maintained an automobile insurance policy on the vehicle issued by plaintiff
Geico, and Geico, in turn, filed the written certification with the State of Michigan
required under MCL 500.3163(1), the resulting no-fault coverage satisfied the condition
for eligibility for personal protection insurance benefits specified by MCL 500.3113(b),
even if defendant Goldstein was an “owner” of the vehicle within the meaning of
MCL 500.3101(h)(i), thereby obviating any need for the further proceedings ordered by
the Court of Appeals. In all other respects, leave to appeal is DENIED, because we are
not persuaded that the remaining questions presented should be reviewed by this Court.
We do not retain jurisdiction.
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.
November 24, 2010 _________________________________________
p1117 Clerk