Song Yu v. Farm Bureau General Insurance Company of Michigan

155811 | Mich. | Dec 20, 2017

Order Michigan Supreme Court Lansing, Michigan December 20, 2017 Stephen J. Markman, Chief Justice 155811 Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Kurtis T. Wilder SONG YU and SANG CHUNG, Elizabeth T. Clement, Justices Plaintiffs-Appellees, v SC: 155811 COA: 331570 Ingham CC: 14-001421-CK FARM BUREAU GENERAL INSURANCE COMPANY OF MICHIGAN, Defendant-Appellant. _________________________________________/ On order of the Court, the application for leave to appeal the April 11, 2017 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether the plain language of the insurance policy precluded coverage; (2) if so, whether and under what circumstances the doctrine of equitable estoppel may be applied to require an insurer to expand coverage that is contrary to the express terms of an insurance contract; (3) whether an equitable estoppel claim requires that (a) a party against whom the doctrine of equitable estoppel is to be applied has full knowledge of the facts and circumstances involved, and (b) justifiable reliance on the part of the party seeking to invoke it is shown; and (4) whether the defendant-insurer should be equitably estopped from denying coverage in this case. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1). The Director of the Department of Insurance and Financial Services (DIFS) and the Insurance & Indemnity Law Section of the State Bar of Michigan 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. December 20, 2017 p1213 Clerk