Mohamed Alani v. Geico Indemnity Company ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
October 29, 2019 Bridget M. McCormack,
Chief Justice
157368 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
MOHAMED ALANI, Brian K. Zahra
Plaintiff-Appellant, Richard H. Bernstein
Elizabeth T. Clement
v SC: 157368 Megan K. Cavanagh,
Justices
COA: 334061
Wayne CC: 15-010052-NF
GEICO INDEMNITY COMPANY, GEICO
GENERAL INSURANCE COMPANY,
PROGRESSIVE MICHIGAN INSURANCE
COMPANY, and PROGRESSIVE MARATHON
INSURANCE COMPANY,
Defendants,
and
SENTINEL INSURANCE COMPANY, LTD.,
Defendant-Appellee.
__________________________________________/
By order of September 12, 2018, the application for leave to appeal the January
30, 2018 judgment of the Court of Appeals was held in abeyance pending the decision in
Dye v Esurance Prop & Cas Ins Co (Docket No. 155784). On order of the Court, the
case having been decided on July 11, 2019, 504 Mich ___ (2019), the application is again
considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
REVERSE the judgment of the Court of Appeals for the reasons stated in Dye. We
REMAND this case to the Wayne Circuit Court for further proceedings not inconsistent
with this order.
BERNSTEIN, J., did not participate because he has a family member with an interest
that could be affected by the proceeding.
CAVANAGH, J., did not participate due to her prior relationship with Garan Lucow
Miller, P.C.
I, Larry S. Royster, 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.
October 29, 2019
a1021
Clerk