Yesterday, in Acorn Investment Co v. Michigan Basic Property Insurance, the Michigan Supreme Court issued an opinion clarifying a point that has been in contention for quite some time regarding the meaning of the term "verdict" under Michigan Court Rule (MCR) 2.403(O), for purposes of determining when a trial court may issue an award of case [...]
Tag: property damage claims
Tenants Occupying Insured Property Not Entitled to Coverage for Loss of Home by Fire Where Insured Did Not Reside In Premises – Court of Appeals Issues 2-1 Decision Holding Insurer Did Not Owe Coverage for Claim
This is an interesting insurance coverage decision issued by the Court of Appeals involving a claim for coverage involving a residential property destroyed by fire, which was not occupied by the insured. In Null v. Auto Owners, et al.COA.Opinion.10.22.2013, a 2-1 decision (Judges Fitzgerald and O'Connell, Shapiro, J. dissenting), the Court of Appeals holds an [...]
Michigan Supreme Court Issues Opinion Articulating Its Constitutional Limitations and Authority in Changing the Common Law
In Price v. High Pointe Oil Co, Inc., the Michigan Supreme Court provides a clear pronouncement on the constitutional limitations and legitimate authority the judiciary has to change the common law. In doing so, the Court refused to extend as a common-law rule the view that a plaintiff may recover non-economic damages (i.e., mental and emotional [...]