Employers Mutual Casualty Company v. Helicon Associates Inc

Opinion

Order Michigan Supreme Court Lansing, Michigan

July 1, 2016 Robert P. Young, Jr., Chief Justice

152994 Stephen J. Markman Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

EMPLOYERS MUTUAL CASUALTY Joan L. Larsen, COMPANY, Justices Plaintiff/ Counter-Defendant-Appellee, v SC: 152994 COA: 322215 Wayne CC: 12-002767-CK

HELICON ASSOCIATES, INC. and ESTATE OF MICHAEL J. WITUCKI, Defendants/Counter-Plaintiffs, and DR. CHARLES DREW ACADEMY and JEREMY GILLIAM, Defendants,

and WELLS FARGO ADVANTAGE NATIONAL TAX FREE FUND, WELLS FARGO ADVANTAGE MUNICIPAL BOND FUND, LORD ABBETT MUNICIPAL INCOME FUND, INC. and PIONEER MUNICIPAL HIGH INCOME ADVANTAGE, Defendants-Appellants.

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On order of the Court, the application for leave to appeal the December 1, 2015 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the consent judgment amounts to a “judgment or adjudication . . . based on a determination” of the insured’s conduct [emphasis added]; and, if so, (2) whether it was “a determination that acts of fraud or dishonesty were committed by the ‘insured.’ ” The parties should not submit mere restatements of their application papers.

I, Larry S. Royster, 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 1, 2016

t0628

Clerk