Opinion
No. 110253.
July 21, 1998
Summary Dispositions July 21, 1998:
In lieu of granting leave to appeal, part II of the Court of Appeals judgment is vacated, and the case is remanded to that Court for reconsideration in light of Gelman Sciences, Inc v Fidelity Casualty Co, 456 Mich. 305 (1998). MCR 7.302(F)(1). Part I of the Court of Appeals judgment is vacated, and the case is remanded to that Court for consideration as on rehearing granted for fuller consideration of plaintiffs' arguments on the subrogation issue as set forth in their motion for rehearing. The Court of Appeals is to consider further briefing on that issue if it is requested by the relevant parties. The application for leave to appeal as cross-appellant is denied because the Supreme Court is not persuaded that the question presented should now be reviewed by this Court, in that it was not ruled upon by the lower courts. Court of Appeals No. 191846.
I would grant leave to appeal.