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VANGUARD INS. CO. v. CLARKE

Docket No. 87772, (Calendar No. 4).

438 Mich. 463 (1991)

475 N.W.2d 48

VANGUARD INSURANCE COMPANY v. CLARKE

Supreme Court of Michigan.

Decided September 10, 1991.

Attorney(s) appearing for the Case

Caravas & Hildinger, P.C. (by Gary W. Caravas and Erik Hildinger), for the plaintiff.

Sinas, Dramis, Brake, Boughton, McIntyre & Reisig, P.C. (by George T. Sinas and David R. Brake), and Debra D. Crane and Howard T. Linden for the defendant.

Amici Curiae:

Lee R. Franklin, Monica Farris Linkner, and Charles P. Burbach for Michigan Trial Lawyers Association.

Chasnis, Dogger & Grierson, P.C. (by John A. Chasnis), for Westfield Companies.

BRICKLEY, J.

The sole issue presented concerns whether this Court should adopt the theory of dual or concurrent causation in the context of insurance liability. The problem of concurrent causation arises "[w]hen an insured cause joins with one or more additional causes, which may be uninsured...."1 The question in such cases is whether the convergence of causes should defeat an insurance policy exclusion.

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