Order Michigan Supreme Court
Lansing, Michigan
April 9, 2010 Marilyn Kelly,
Chief Justice
139767 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
LINDA KAYL, Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 139767
COA: 284752
Wayne CC: 06-612437-NI
ALLSTATE INSURANCE COMPANY,
Defendant-Appellee,
and
AAA MICHIGAN,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 30, 2009
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 the judgment of the Court of Appeals.
Although we do not interpret defense counsel’s remarks at the summary disposition
hearing in the same manner indicated in the Court of Appeals dissenting opinion, the
transcript of plaintiff’s deposition that the defendant filed in support of its motion for
summary disposition contradicted defense counsel’s claim that the plaintiff had submitted
no billings to the defendant, and supported the claim of the plaintiff’s counsel that such
billings had been submitted to the defendant, thereby establishing the existence of a
genuine issue of material fact. We REMAND this case to the Wayne Circuit Court for
further proceedings.
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.
April 9, 2010 _________________________________________
p0406 Clerk