Order Michigan Supreme Court
Lansing, Michigan
July 31, 2009 Marilyn Kelly,
Chief Justice
138417-8 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
DORIS PERNELL, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 138417-8
COA: 279825; 279837
Wayne CC: 05-519094-NF
ALLLSTATE INSURANCE COMPANY,
Defendant-Appellant,
and
QBE INSURANCE CORPORATION and
IPA INSURANCE PROGRAM
ADMINISTRATORS, L.L.C.,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the December 2, 2008
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.
MARKMAN, J. (dissenting).
I would grant leave to appeal to consider whether the Court of Appeals properly
extended Darnell v Auto-Owners Ins Co, 142 Mich App 1 (1985), to hold defendant
liable for plaintiff’s personal protection insurance benefits after defendant began paying
those benefits, but then ceased after determining that another insurer had priority.
Because Darnell, supra at 12, considered a priority dispute in the context of determining
liability for attorney fees pursuant to MCL 500.3148, I question its relevance in
determining liability for actual benefits.
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.
July 31, 2009 _________________________________________
p0728 Clerk