Pernell v. ALLLSTATE INSURANCE COMPANY

Order Michigan Supreme Court Lansing, Michigan July 31, 2009 Marilyn Kelly, Chief Justice 138417-8 Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman DORIS PERNELL, Diane M. Hathaway, Plaintiff-Appellee, Justices v SC: 138417-8 COA: 279825; 279837 Wayne CC: 05-519094-NF ALLLSTATE INSURANCE COMPANY, Defendant-Appellant, and QBE INSURANCE CORPORATION and IPA INSURANCE PROGRAM ADMINISTRATORS, L.L.C., Defendants. _________________________________________/ On order of the Court, the application for leave to appeal the December 2, 2008 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. MARKMAN, J. (dissenting). I would grant leave to appeal to consider whether the Court of Appeals properly extended Darnell v Auto-Owners Ins Co, 142 Mich App 1 (1985), to hold defendant liable for plaintiff’s personal protection insurance benefits after defendant began paying those benefits, but then ceased after determining that another insurer had priority. Because Darnell, supra at 12, considered a priority dispute in the context of determining liability for attorney fees pursuant to MCL 500.3148, I question its relevance in determining liability for actual benefits. 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. July 31, 2009 _________________________________________ p0728 Clerk