Berkeypile v. Westfield Insurance

767 N.W.2d 657, 483 Mich. 1133

• Court: Michigan Supreme Court
• Decided: July 17, 2009
• Docket: 137353
• Status: Published

Opinion

Orders Granting Oral Arguments in Cases Pending on Application for Leave to Appeal July 17, 2009:

We direct the clerk to schedule oral argument on whether to grant the application or take other peremptory action. MCR 7.302(H)(1). The parties shall submit supplemental briefs within 42 days of the date of this order and shall address the effect of paragraph E(l)(a) of the Westfield policy’s Michigan uninsured motorist coverage, which provides that “[i]f there is other applicable insurance available under one or more policies or provisions of coverage ... [t]he maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit for any one vehicle under any coverage form or policy providing coverage on either a primary or excess basis.” The parties should not submit mere restatements of their application papers.