Order Michigan Supreme Court
Lansing, Michigan
May 23, 2007 Clifford W. Taylor,
Chief Justice
131546 & (57) Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
HASTINGS MUTUAL INSURANCE COMPANY, Robert P. Young, Jr.
Plaintiff-Appellant/ Stephen J. Markman,
Justices
Cross-Appellee,
v SC: 131546
COA: 265621
Oakland CC: 04-056508-CK
MOSHER, DOLAN, CATALDO & KELLY, INC.,
Defendant-Appellee/
Cross-Appellant,
and
LISA FEINBLOOM and DAVID FEINBLOOM,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the May 18, 2006
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered. The application for leave to appeal as cross-appellant is
GRANTED, limited to the issues whether genuine issues of material facts in dispute exist
as to (1) whether the actions of the defendant cross-appellant’s subcontractors for which
the defendant cross-appellant was held liable by the arbitrator were an “occurrence”
within the meaning of the comprehensive general liability [CGL] policies issued by the
plaintiff cross-appellee; (2) whether the “Damage to Your Own Work Exclusion” or
“Fungi Exclusion” in any of those policies is applicable; and (3) which of the 2001, 2002,
and 2003 policies control this dispute. The remaining issue in the application for leave to
appeal as cross-appellant and the application for leave to appeal remain under
consideration.
Persons or groups interested in the determination of the issues 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 23, 2007 _________________________________________
s0516 Clerk