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COBURN v. FOX

Docket No. 74502, (Calendar No. 7).

425 Mich. 300 (1986)

389 N.W.2d 424

COBURN v. FOX

Supreme Court of Michigan.

Decided July 8, 1986.

Attorney(s) appearing for the Case

Robert L. Coburn, P.C., for the plaintiffs.

Faintuck, Shwedel & Wolfram (by William G. Wolfram) for Progressive Casualty Insurance Company.

Amicus Curiae:

Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Richard E. Shaw and Monica F. Linkner) for Michigan Trial Lawyers Association.

CAVANAGH, J.

The issue in the present case is whether the enactment of the Michigan no-fault insurance act1 invalidates any provision in a no-fault contract relieving the insurer of liability should the insured fail to cooperate in defending a claim by an injured third party. Progressive Casualty Insurance Company argues that such clauses are valid in Michigan under Allen v Cheatum, 351 Mich. 585

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