Johnson v. Wausau Ins. Co.

Full title: Tammy JOHNSON, Guardian of Nancy Eastman, a Legally Incapacitated Person…

Court: Supreme Court of Michigan

Date published: Oct 26, 2010

789 N.W.2d 853 (Mich. 2010)

Opinion

789 N.W.2d 853 (Mich. 2010) Tammy JOHNSON, Guardian of Nancy Eastman, a Legally Incapacitated Person, Plaintiff-Appellant, v. WAUSAU INSURANCE COMPANY and Nationwide Indemnity, Inc., Defendants-Appellees, and Liberty Mutual Insurance Company and Assigned Claims Facility, Defendants. No. 138815. Supreme Court of Michigan. October 26, 2010

         Prior report: 283 Mich.App. 636, 769 N.W.2d 755.

         Order

         On order of the Court, the application for leave to appeal the March 24, 2009 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals and the October 11, 2007 order of the Genesee Circuit Court and we REMAND this case to the Genesee Circuit Court for reconsideration in light of Univ. of Mich. Regents v. Titan Ins. Co., 487 Mich. 289, __ N.W.2d __, (2010). The motion for miscellaneous relief is GRANTED.

          CORRIGAN, J. (concurring).

         I continue to adhere to the analyses set forth in Justice MARKMAN's dissenting opinion in Univ. of Mich. Regents v. Titan Ins. Co., 487 Mich. 289, __ N.W.2d __ (2010), and my statement dissenting from the denial of rehearing in that case, __ Mich. __, __ N.W.2d __ (2010).

         YOUNG, J. (concurring).

         Although I concur in this Court's decision to remand this case in light of Univ. of Mich. Regents v. Titan Ins. Co., 487 Mich. 289, __ N.W.2d __ (2010), I continue to adhere to the positions stated in Justice MARKMAN'S dissenting opinion in that case, which I joined.