Order Michigan Supreme Court
Lansing, Michigan
November 13, 2006 Clifford W. Taylor,
Chief Justice
131101 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
MARKHAM GENERAL INSURANCE Robert P. Young, Jr.
COMPANY, Subrogee of ALL MAKES Stephen J. Markman,
Justices
LOGISTICS, LTD.,
Plaintiff-Appellant,
v SC: 131101
COA: 257284
Calhoun CC: 04-000681-NO
NATHANIEL MORRIS EVANS,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the March 23, 2006
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.
CAVANAGH and KELLY, JJ., concur in the denial of leave to appeal except that
they would vacate that portion of the Court of Appeals judgment that erroneously equates
the plaintiff’s voluntary waiver of its policy’s property damage coverage deductible with
an acknowledgement that the deductible loss paid was “covered by insurance” within the
meaning of MCL 500.3135(3)(e).
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 13, 2006 _________________________________________
p1107 Clerk