Categories: Michigan Supreme Court Opinions

DeFRAIN v. STATE FARM MUT. AUTO., 142956 (Mich. 9-21-2011)

802 N.W.2d 615

NANCY JANE DeFRAIN, Personal Representative of the Estate of WILLIAM DeFRAIN, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

No. 142956.Supreme Court of Michigan.
September 21, 2011.

Order

SC: 142956, COA: 294505, Wayne CC: 08-125814-NF

On order of the Court, the application for leave to appeal the March 10, 2011 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.302(H)(1). At oral argument, the parties shall address whether this case is controlled by Jackson v State Farm Mutual Automobile Insurance Company, 472 Mich 942 (2005), and whether the 30-day notice requirement regarding hit-and-run accidents in the defendant’s policy is enforceable without a showing of prejudice to the defendant due to the claimant’s failure to comply with the provision. The parties may file supplemental briefs within 42 days of the date of this order, but they should not submit mere restatements of their application papers.

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