Narrative Opinion Summary
The Michigan Supreme Court issued an order on November 13, 2006, regarding the case of Markham General Insurance Company, as subrogee of All Makes Logistics, Ltd., against Nathaniel Morris Evans. The Court denied the application for leave to appeal the March 23, 2006 judgment of the Court of Appeals, indicating that the issues raised did not warrant further review. Justices Cavanagh and Kelly concurred with the denial but expressed the view that the Court of Appeals' decision should be amended to correct an error. Specifically, they argued that the portion of the judgment incorrectly interpreted the plaintiff’s voluntary waiver of the deductible as an acknowledgment that the deductible loss was “covered by insurance” under MCL 500.3135(3)(e). The Clerk of the Michigan Supreme Court certified the order as a true and complete copy.
Legal Issues Addressed
Denial of Leave to Appealsubscribe to see similar legal issues
Application: The Michigan Supreme Court decided not to grant the application for leave to appeal, suggesting that the issues presented did not meet the threshold for further judicial review.
Reasoning: The Court denied the application for leave to appeal the March 23, 2006 judgment of the Court of Appeals, indicating that the issues raised did not warrant further review.
Interpretation of Voluntary Waiver of Deductiblesubscribe to see similar legal issues
Application: The Justices noted an error in the interpretation of the plaintiff's actions regarding the deductible, which should not have been construed as an acknowledgment of insurance coverage under the relevant statute.
Reasoning: Specifically, they argued that the portion of the judgment incorrectly interpreted the plaintiff’s voluntary waiver of the deductible as an acknowledgment that the deductible loss was 'covered by insurance' under MCL 500.3135(3)(e).