Order Michigan Supreme Court
Lansing, Michigan
May 25, 2007 Clifford W. Taylor,
Chief Justice
131987 Michael F. Cavanagh
Elizabeth A. Weaver
DAWN MARIE MILLER, Marilyn Kelly
Plaintiff-Appellant, Maura D. Corrigan
and Robert P. Young, Jr.
Stephen J. Markman,
Justices
DEPARTMENT OF COMMUNITY HEALTH,
Intervening Plaintiff,
v SC: 131987
COA: 259504
Washtenaw CC: 02-000284-NF
PROGRESSIVE CORPORATION,
PROGRESSIVE CASUALTY INSURANCE
COMPANY, PROGRESSIVE CLASSIC
INSURANCE COMPANY, and PROGRESSIVE
MICHIGAN INSURANCE COMPANY,
Defendants,
and
CITIZENS INSURANCE COMPANY OF
AMERICA,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the July 20, 2006
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action. MCR
7.302(G)(1). The parties shall submit supplemental briefs within 42 days of the date of
this order addressing whether the plaintiff is “named in the policy” within the meaning of
MCL 500.3114(1) where the policy states “The Declarations, endorsements and
application are hereby incorporated into and made a part of this policy”
but the Declarations sheet effective February 2, 2001, which lists the plaintiff as an
occasional driver, is preceded by a clause stating “Your Policy Premium Is Based On The
Following Information Which Is Not Part Of The Policy.” The parties should not submit
mere restatements of their application papers.
Persons or groups interested in the determination of the issue presented in this case
may move the Court for permission to file briefs amicus curiae.
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.
May 25, 2007 _________________________________________
p0522 Clerk