James v. State Farm Fire & Casualty Co.
This text of 743 N.W.2d 58 (James v. State Farm Fire & Casualty Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Richard JAMES, Plaintiff, and
Safeco Insurance Co., Plaintiff-Appellee,
v.
STATE FARM FIRE & CASUALTY CO., Defendant/Cross-Defendant-Appellant, and
David Gasowski, Defendant/Cross-Plaintiff-Appellee, and
Mario Sylvestri and Auto Club Group Insurance Co., Defendants.
Supreme Court of Michigan.
On December 5, 2007, the Court heard oral argument on the application for leave to appeal the November 8, 2005 judgment of the Court of Appeals. On order of the Court, the application is again considered. MCR 7.302(G)(1). In lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and the judgment of the St. Clair Circuit Court granting defendant-appellee Gasowski and plaintiff-appellee Safeco Insurance Company summary disposition, and we REMAND this case to the St. Clair Circuit Court for further proceedings not inconsistent with this order. The "Release and Settlement Agreement" resolving the underlying action specifically contemplated litigating the identity of the driver of the jet-ski in this case. Therefore, the circuit court erred in granting summary disposition to Gasowski and Safeco against defendant-appellant State Farm Fire & Casualty Company on collateral estoppel grounds.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
743 N.W.2d 58, 480 Mich. 1014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-v-state-farm-fire-casualty-co-mich-2008.