Progressive Marathon Insurance Co v. Ryan Deyoung ( 2011 )

Order Michigan Supreme Court Lansing, Michigan September 21, 2011 Robert P. Young, Jr., Chief Justice 143330 Michael F. Cavanagh Marilyn Kelly PROGRESSIVE MARATHON INSURANCE Stephen J. Markman Diane M. Hathaway COMPANY, Mary Beth Kelly Plaintiff/Cross-Defendant- Brian K. Zahra, Appellant, Justices v SC: 143330 COA: 296502 Ottawa CC: 09-001034-CZ RYAN DEYOUNG and NICOLE L. DEYOUNG, Defendants, and SPECTRUM HEALTH HOSPITALS and MARY FREE BED REHABILITATION HOSPITAL, Intervenors/Cross-Plaintiffs-Appellees, and CITIZENS INSURANCE COMPANY OF AMERICA, Intervenor/Cross-Defendant-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the May 24, 2011 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether an immediate family member who knows that he or she has been forbidden to drive a vehicle, and has been named in the no-fault insurance policy applicable to the vehicle as an excluded driver, but who nevertheless operates the vehicle and sustains personal injury in an accident while doing so, comes within the so-called “family joyriding exception” to MCL 500.3113(a); and (2) if so, whether the “family joyriding exception” should be limited or overruled. The Michigan Association for Justice, the Michigan Insurance Federation, the Michigan Defense Trial Counsel, Inc., the Michigan Health and Hospital Association, and the Commissioner of Insurance are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented may move the Court for permission to file briefs amicus curiae. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. September 21, 2011 _________________________________________ p0914 Clerk