Michigan Millers Mutual Insurance v. Bronson Plating Co. ( 1992 )

Reilly, J.

(dissenting). I respectfully dissent.

Although I recognize that in the past few years several decisions have been made by various courts that would support the majority’s deference to the ruling in Polkow v Citizens Ins Co of America, 180 Mich App 651; 447 NW2d 853 (1989), rev’d on other grounds 438 Mich 174 (1991), I am not persuaded that the term "suit” is ambiguous or that it includes the type of administrative action that occurred in this case. I would adopt the reasoning of City of Evart v Home Ins Co, unpublished opinion per curiam of the Court of Appeals, decided April 10, 1989 (Docket No. 103621), lv den 439 Mich 921 (1992), and Ray Industries, Inc v Liberty Mutual Ins Co, 974 F2d 754 (CA 6, 1992), and affirm the trial court’s order granting summary disposition.

Moreover, because I am convinced that the term "suit” is not ambiguous, I believe the trial court properly denied defendant Bronson’s discovery request.