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PREFERRED RISK MUTUAL INSURANCE COMPANY v. MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION

No. 87-1301.

896 F.2d 1034 (1990)

PREFERRED RISK MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 8, 1990.

Attorney(s) appearing for the Case

Donald S. Young, Dykema, Gossett, Spencer, Goodnow & Trigg, Lori M. Silsbury, Kathleen M. Lewis (argued), Marybeth Targett, Detroit, Mich., for defendant-appellant.

Steven C. Berry (argued), Franklin, Bigler, Berry and Johnson, P.C., Troy, Mich., for plaintiff-appellee.

Philip J. Smith, Asst. Atty. Gen., Lansing, Mich., for amicus curiae Attorney General.

Before MARTIN, GUY and BOGGS, Circuit Judges.

RALPH B. GUY, Jr., Circuit Judge.

Plaintiff, Preferred Risk Mutual Insurance Company (Preferred), sought a declaratory judgment against the Michigan Catastrophic Claims Association (Association) for indemnification of benefits paid under a policy issued to a nonresident of Michigan. Plaintiff argued that, in accordance with Mich.Comp.Laws Ann. § 500.3104(2) (West 1983), the Association was liable to it for indemnification of one hundred percent of the loss sustained...

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