Opinion
No. 120165.
June 25, 2002.
COA: 223196, Genesee CC: 96-046002-NO
On order of the Court, the application for leave to appeal from the September 14, 2001 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the decision of the Court of Appeals. As indicated in parts II and III of the dissent at the Court of Appeals, the insured's acts or omissions causing the death of plaintiff's decedent were in the course of delivering professional services. It is unnecessary to determine the question of whether the theories pled in the underlying complaint sounded in medical malpractice or some other cause of action. Regardless of the theory of liability, garnishee defendant had a duty to defend unless a policy exclusion applied.
We REMAND this case to the Court of Appeals for consideration of issues raised by garnishee defendant-appellant at that level which were not addressed in the original decision.
We do not retain jurisdiction.