Skanska USA Building Inc v. Map Mechanical Contractors Inc ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
October 18, 2019 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
159510-1
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
SKANSKA USA BUILDING, INC., Elizabeth T. Clement
Plaintiff-Appellant, Megan K. Cavanagh,
Justices
v SC: 159510-1
COA: 340871; 341589
Midland CC: 13-009864-CK
M.A.P. MECHANICAL CONTRACTORS, INC.,
AMERISURE INSURANCE COMPANY, and
AMERISURE MUTUAL INSURANCE
COMPANY,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the March 19, 2019
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
address whether: (1) the definition of “occurrence” in Hawkeye-Security Ins Co v Vector
Construction Co, 185 Mich. App. 369 (1990), remains valid under the terms of the
commercial general-liability policy at issue here; and (2) the plaintiff has shown a
genuine issue of material fact as to the existence of an “occurrence” under those terms.
The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).
Associated General Contractors of America, Associated General Contractors of
Michigan, Michigan Infrastructure and Transportation Association, Construction
Association of Michigan, Turner Construction Company, and Gilbane Building Company
are invited to file briefs amicus curiae. Other persons or groups interested in the
determination of the issues presented in this case may move the Court for permission to
file briefs amicus curiae.
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 18, 2019
a1015
Clerk