IN RE CERTIFIED QUESTION

Docket No. 82968, (Calendar No. 3).

433 Mich. 710 (1989)

449 N.W.2d 660

In re CERTIFIED QUESTION PREFERRED RISK MUTUAL INSURANCE COMPANY v. MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION

Supreme Court of Michigan.

Decided December 19, 1989.


Attorney(s) appearing for the Case

Franklin, Bigler, Berry & Johnston, P.C. (by Steven C. Berry and James L. Borin), for the plaintiff.

Dykema Gossett (by Donald S. Young, Kathleen McCree Lewis, Marybeth Targett Collon, and Ronald J. Torbert) for the defendant.

Amici Curiae:

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by James L. Borin and Ann M. Cisco), for Auto-Owners Insurance Company, Continental Insurance Company, and Hanover Mutual Insurance Company.


BOYLE, J.

The United States Court of Appeals for the Sixth Circuit has certified, pursuant to MCR 7.305(B), the following question to this Court:

Does the Motor Vehicle Personal and Property Protection Act, Mich Comp Laws Ann §§ 500.3101[500].3179 [MSA 24.13101-24.13179], require the Michigan Catastrophic Claims Association to indemnify member insurers for losses paid in excess of $250,000 to insureds who are not residents of the State of Michigan...

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