Opinion
SC: 164317 COA: 348436
11-02-2022
Oliver RAVENELL, Plaintiff, and NGM Insurance Company, Plaintiff-Appellee, v. AUTO CLUB INSURANCE ASSOCIATION, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the January 27, 2022 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 parties shall address the extent to which the reasonableness of an insurer's mistaken belief that it was required to pay a claim is a factor in determining whether the insurer is entitled to equitable subrogation. See Esurance Prop. & Cas. Ins. Co. v Mich. Assigned Claims Plan , 507 Mich. 498, 968 N.W.2d 482 (2021) ; see also 83 CJS, Subrogation, § 43 ("Equitable subrogation will not be used to benefit parties who were negligent in their business transactions, or who failed to act according to ordinary and reasonable business practices and who were obviously in the best position to protect their own interests."); 73 Am Jur 2d, Subrogation, § 17 ("One charged with culpable negligence may not be entitled to equitable subrogation.... Ordinary negligence may be taken into consideration in determining whether the negligent party is entitled to subrogation, but ordinary negligence alone is not a complete bar to subrogation where, in spite of such negligence, the equities are still in favor of the subrogee.").