West v. FARM BUREAU GENERAL INS. CO. OF MICHIGAN

Order Michigan Supreme Court Lansing, Michigan October 13, 2005 Clifford W. Taylor, Chief Justice 127007 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan JANE CAMPBELL WEST and Robert P. Young, Jr. JOE ELDON WEST, JR., Stephen J. Markman, Justices Plaintiffs-Appellees, v SC: 127007 COA: 251003 Charlevoix CC: 02-001558-CH FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, Defendant-Appellant. _________________________________________/ By order of April 26, 2005, the application for leave to appeal was held in abeyance pending the decision in Rory v Continental Ins Co (Docket No. 126747). On order of the Court, the opinion having been issued on July 28, 2005, 473 Mich 457 (2005), the application for leave to appeal the August 3, 2004 judgment of the Court of Appeals is again considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. CORRIGAN and MARKMAN, JJ., would remand this case to the Court of Appeals for reconsideration in light of Rory v Continental Insurance Co, 473 Mich 457 (2005), and Devillers v Auto Club Insurance Association, 473 Mich 562 (2005). 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. October 13, 2005 _________________________________________ l1006 Clerk