Narrative Opinion Summary
The Michigan Supreme Court, in an order dated November 6, 2013, addressed the case Hastings Mutual Insurance Company v. Mosher, Dolan, Cataldo, Kelly, Inc., et al. The court reviewed applications for leave to appeal a February 14, 2013 judgment from the Court of Appeals. It vacated part of the Court of Appeals' judgment and remanded the case for further consideration of two specific issues: (1) which insurance policy or policies govern coverage in this case, and (2) whether any exclusions in those policies apply. The Supreme Court determined that the Court of Appeals had mistakenly concluded it was bound by a prior panel's implied ruling regarding policy exclusions, noting no such determination had been made. All other aspects of the applications for leave to appeal were denied, as the Court was not persuaded that the remaining questions warranted its review.
Legal Issues Addressed
Binding Effect of Prior Appellate Panel Decisionssubscribe to see similar legal issues
Application: The Supreme Court clarified that the Court of Appeals was not bound by a previous panel's implied ruling on policy exclusions, correcting a misinterpretation of appellate precedent.
Reasoning: The Supreme Court determined that the Court of Appeals had mistakenly concluded it was bound by a prior panel's implied ruling regarding policy exclusions, noting no such determination had been made.
Insurance Policy Coverage and Exclusionssubscribe to see similar legal issues
Application: The case was remanded for further consideration of which insurance policy or policies govern coverage and whether any exclusions apply, highlighting the necessity for detailed examination of policy terms in determining coverage.
Reasoning: It vacated part of the Court of Appeals' judgment and remanded the case for further consideration of two specific issues: (1) which insurance policy or policies govern coverage in this case, and (2) whether any exclusions in those policies apply.
Jurisdiction of Supreme Court over Appellate Decisionssubscribe to see similar legal issues
Application: The Michigan Supreme Court reviewed and vacated part of the Court of Appeals' judgment, indicating its authority to reassess appellate decisions where errors in application of law are identified.
Reasoning: The Michigan Supreme Court, in an order dated November 6, 2013, addressed the case Hastings Mutual Insurance Company v. Mosher, Dolan, Cataldo, Kelly, Inc., et al. The court reviewed applications for leave to appeal a February 14, 2013 judgment from the Court of Appeals.