Opinion
365757
08-21-2023
RK v. Progressive Michigan Insurance Company
LC No. 22-009443-NF
Thomas C. Cameron Presiding Judge Kirsten Frank Kelly Noah P. Hood Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, we VACATE the Wayne Circuit Court's February 15, 2023 order and REMAND this matter to that court for further proceedings consistent with this order. By summarily granting rescission of the subject policy of no-fault insurance against third parties-including the minor children in this case-without first performing an equities analysis including findings of fact regarding the list of nonexclusive factors described in Pioneer State Mut Ins Co v Wright, 331 Mich.App. 396, 411 &n 6; 952 N.W.2d 586 (2020), the trial court erred. See Meemic Ins Co v Fortson, 506 Mich. 287, 310 n 19; 954 N.W.2d 115 (2020); Bazzi v Sentinel Ins Co, 502 Mich. 390, 409-411; 919 N.W.2d 20 (2018). On remand, after affording the parties oral argument, the trial court shall reconsider the matter in light of this order. In doing so, the trial court is not obliged to consider only the rescission issue; rather, it should consider all of the arguments regarding summary disposition that were raised by the parties below.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.