Order Michigan Supreme Court
Lansing, Michigan
April 14, 2006 Clifford W. Taylor,
Chief Justice
130099 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
CITIZENS INSURANCE COMPANY, Robert P. Young, Jr.
Plaintiff, Stephen J. Markman,
Justices
Counter-Defendant-Appellant,
v SC: 130099
COA: 262759
Oakland CC: 04-056953-CZ
PRO-SEAL SERVICE GROUP, INC., d/b/a
PRO-SEAL, INC.,
Defendant,
Counter-Plaintiff-Appellee,
and
SETH SHORT, RANDY QUINCY,
FLOWSERVE CORPORATION, and
FLOWSERVE MANAGEMENT COMPANY,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the November 1, 2005
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 be prepared to address at oral argument: (1) whether
Flowserve's complaint alleged an advertising injury within the meaning of the
commercial general liability policy that Citizens Insurance Company issued to Pro-Seal,
Inc, and (2) if so, whether Citizens was relieved of its duty to defend Pro-Seal by
operation of the policy exclusion for actions taken with knowledge that an advertising
injury would result. The parties may file supplemental briefs within 56 days of the date
of this order, but they should avoid submitting a mere restatement of the arguments made
in their application papers.
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 14, 2006 _________________________________________
t0411 Clerk