ALLSTATE INS. CO. v. HAYES

Docket No. 92228, (Calendar No. 4).

442 Mich. 56 (1993)

499 N.W.2d 743

ALLSTATE INSURANCE COMPANY v. HAYES

Supreme Court of Michigan.

Decided April 13, 1993.


Attorney(s) appearing for the Case

Chasnis, Dogger & Grierson, P.C. (by John A. Chasnis), for the plaintiff.

Philip D. Swann for the defendant.

Amici Curiae:

Gross & Nemeth (by James G. Gross) for Michigan Association of Insurance Companies.

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


BOYLE, J.

In an action for declaratory judgment brought by an insurer against the insured and the injured party, the question presented is whether a default judgment entered against the insured deprives the trial court of its power to declare the rights and liabilities of the parties remaining before it. We hold that it does not. We also hold that the default judgment entered against the insured does not bind the injured party. Because the court had the authority...

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