Esurance Prop & Casualty Ins Co v. Michigan Assigned Claims Plan

Opinion

Order Michigan Supreme Court Lansing, Michigan

September 23, 2020 Bridget M. McCormack, Chief Justice

160592 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

ESURANCE PROPERTY & CASUALTY Richard H. Bernstein INSURANCE COMPANY, Elizabeth T. Clement Plaintiff-Appellant, Megan K. Cavanagh, Justices

v SC: 160592 COA: 344715 Wayne CC: 17-016798-NF

MICHIGAN ASSIGNED CLAIMS PLAN and MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY, Defendants-Appellees.

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On order of the Court, the application for leave to appeal the December 10, 2019 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).

The appellant shall file a supplemental brief within 42 days of the date of this order addressing whether a finding that an insurance policy was void ab initio because it was procured by fraud bars a subsequent claim for equitable subrogation for benefits that were paid pursuant to that policy before it was found to be void. In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being served with the appellant’s brief. The appellees shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellees’ brief. 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.

September 23, 2020

a0916

Clerk