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State Farm Fire and Casualty v. Old Rep. Ins. Co.

Supreme Court of Michigan
Dec 7, 1999
461 Mich. 928 (Mich. 1999)

Opinion

No. 114318.

December 7, 1999.


On order of the Court, the application for leave to appeal from the March 12, 1999 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for reconsideration. MCL 500.3123; MSA 24.13123 excludes from property protection insurance benefits damage to property owned "by a person named in a property protection insurance policy" (emphasis added). On remand, the Court of Appeals shall consider whether this statutory language limits the inquiry under § 3123 solely to the property protection insurance policy that covers the "vehicle involved in the motor vehicle accident out of which the property damage arose," or whether damage is excluded from property protection benefits if the property owner was named in any property protection insurance policy.

We do not retain jurisdiction.

Cavanagh, J., would deny leave to appeal.

Reported below: 234 Mich. App. 465.


Summaries of

State Farm Fire and Casualty v. Old Rep. Ins. Co.

Supreme Court of Michigan
Dec 7, 1999
461 Mich. 928 (Mich. 1999)
Case details for

State Farm Fire and Casualty v. Old Rep. Ins. Co.

Case Details

Full title:STATE FARM FIRE AND CASUALTY COMPANY, a foreign corporation, as Subrogee…

Court:Supreme Court of Michigan

Date published: Dec 7, 1999

Citations

461 Mich. 928 (Mich. 1999)
605 N.W.2d 321