Opinion
No. 116983.
January 18, 2002.
COA: 223319.
MARKMAN, J. ( dissenting).
I would remand to the Court of Appeals for reconsideration in light of this Court's recent opinion in Travelers Ins. Co. v. Detroit Edison Co., 465 Mich. 185 (2001). The Court of Appeals did not have the benefit of this Court's analysis concerning the application of the doctrine of primary jurisdiction. Accordingly, I would enable the Court to revisit the issues before it in light of this precedent.