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Frost v. Progressive Michigan Insurance Co.

Supreme Court of Michigan

March 31, 2015

KENYA ALISHA FROST, GENERAL MOTORS ACCEPTANCE CORPORATION (GMAC), and ALLY FINANCIAL, INC., Plaintiffs, and CITIZENS INSURANCE COMPANY OF AMERICA, Intervening Plaintiff-Appellant,
v.
PROGRESSIVE MICHIGAN INSURANCE COMPANY, a/k/a PROGRESSIVE MARATHON INSURANCE COMPANY, Defendant-Appellee

COA: 316157. Wayne CC: 11-002947-NF.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the September 23, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and we REMAND this case to the Court of Appeals for reconsideration of the intervening plaintiff's issue of whether the insurance policy issued by the defendant can be voided ab initio. On remand, the Court of Appeals shall hold this case in abeyance pending its decision in Bazzi v Sentinel Ins Co (Court of Appeals Docket No. 320518). After Bazzi is decided, the Court of Appeals shall reconsider the intervening plaintiff's issue in light of Bazzi.


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