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 insurance
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 Holds Non-Economic (Mental Anguish) Damages Are Not Recoverable for Destruction of Property
This case, released on March 22, 2013, holds that the common-law rule is that non-economic damages may not be recovered for destruction of property. The case sets important parameters with respect to the current court's view of when and how the common-law should be adhered to, and how it should go about being changed. This [...]