AMERICAN ALTERNATIVE INSURANCE COMPANY, INC v. YORK, 469 Mich. 955 (2003)

No. 121968.Supreme Court of Michigan.
November 7, 2003.

Orders Granting Oral Argument in Cases Pending on Application for Leave to Appeal.

No. 121968. Pursuant to MCR 7.302(G)(1), the clerk is to schedule oral argument on whether to grant the application or take other peremptory action permitted by MCR 7.302(G)(1). The parties shall include among the issues to be addressed whether the intentional tort exception in the no-fault act [MCL 500.3135(3)(a)] that requires “intentional” conduct includes conduct that is “wilful and wanton.” The parties are also directed to address the question whether MCL 500.3135(3)(a) is ambiguous. They may file supplemental briefs within 28 days of the date of this order. The application for leave to appeal remains pending. Reported below: 252 Mich App 76.

MARKMAN, J. (concurring).

Concerning the question whether MCL 500.3135(3)(a) is ambiguous, I commend to the attention of the parties for its possible relevance, Klapp v. United Ins Group Agency, Inc, 468 Mich 459, 478, 481 (2003), in which this Court set forth an approach to the interpretation of allegedly ambiguous contract language. Although the instant case involves a statute rather than a contract, the analysis of Klapp may nonetheless prove relevant.