SHAVERS v. ATTORNEY GENERAL

Docket Nos. 21238-39, 22918.

65 Mich. App. 355 (1975)

237 N.W.2d 325

SHAVERS v. ATTORNEY GENERAL

Michigan Court of Appeals.

Decided November 5, 1975.


Attorney(s) appearing for the Case

Lopatin, Miller, Bindes & Freedman, and Philo, Maki, Cockrel, Robb, Spearman & Cooper, for plaintiffs.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Harry G. Iwasko, Jr., Assistant Attorney General, for defendants Attorney General, Secretary of State, and Commissioner of Insurance.

Bodman, Longley, Bogle, Armstrong & Dahling (by Theodore Souris, Carson C. Grunewald, and James R. Bushmann), for defendant State Farm Mutual Automobile Insurance Company.

Dickinson, Wright, McKean & Cudlip (by W. Gerald Warren, Dawn L. Phillips, Richard J. Meyers, and Robert L. Schwartz), for defendant Allstate Insurance Company.

Downs & Edwards, for defendant League General Insurance Company.

Dykema, Gossett, Spencer, Goodnow & Trigg (by James D. Tracy, Michael J. McGuigan and Nancy C. Kurtz), for defendants Detroit Automobile Inter-Insurance Exchange and Riverside Insurance Company.

Honigman, Miller, Schwartz & Cohn (by Avern Cohn and Stanley Siegel), for defendants Aetna Casualty & Surety Company, Home Indemnity Company, Hartford Accident & Indemnity Company, Travelers Indemnity Company and Continental Casualty Company.

Amici Curiae:

American Mutual Insurance Alliance, by Foster, Lindemer, Swift & Collins, P.C. (Lawrence B. Lindemer and David W. McKeague).

Central National Insurance Company, Universal Underwriters, Midwest Mutual Insurance Company, Balboa Insurance Company, Northland Insurance Company, Reserve Insurance Company, Progressive Casualty Company, and National Indemnity Insurance Company, by Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen (D.J. Watters and Charles A. Huckabay).

Michigan Mutual Liability Company, by Elijah G. Poxson, Jr. and James L. Schueler.

KMW, Inc., by Warner, Norcross & Judd (Wallson G. Knack and Peter L. Gustafson).

Before: LESINSKI, C.J., and T.M. BURNS and QUINN, JJ.


Leave to appeal applied for.

LESINSKI, C.J.

Plaintiffs, to test the constitutionality of 1972 PA 294; MCLA 500.3101, et seq.; MSA 24.13101, et seq., ("No Fault") brought an action for a declaratory judgment in Wayne County Circuit Court. Defendants are three state officials and various insurance companies, some of whom filed cross-complaints challenging certain provisions of the no fault act. After complicated pretrial proceedings and a lengthy...

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