Opinion
Docket No. 152535. COA No. 322565.
05-25-2016
Joseph G. NICKOLA, Personal Representative for the Estate of George and Thelma Nickola, Plaintiff–Appellant, v. MIC GENERAL INSURANCE COMPANY, d/b/a GMAC Insurance, Defendant–Appellee.
Order
On order of the Court, the application for leave to appeal the September 24, 2015 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether an insured making a claim for underinsured motorist benefits may be considered to be a "third party tort claimant" under MCL 500.2006(4), thereby requiring the insurer to pay twelve percent interest for failing to pay the claim on a timely basis only if the claim "is not reasonably in dispute"; and (2) whether the Court of Appeals decision in this case is consistent with Yaldo v. North Pointe Ins. Co., 457 Mich. 341, 578 N.W.2d 274 (1998), and Griswold Properties, LLC v. Lexington Ins. Co., 276 Mich.App. 551, 741 N.W.2d 549 (2007). The parties should not submit mere restatements of their application papers.
Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.