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FRANKENMUTH MUT. INS. CO. v. CONTINENTAL INS. CO.

Docket Nos. 98342, 99439, (Calendar Nos. 10-11).

450 Mich. 429 (1995)

FRANKENMUTH MUTUAL INSURANCE COMPANY, INC v. CONTINENTAL INSURANCE COMPANY MICHIGAN EDUCATIONAL EMPLOYEES MUTUAL INSURANCE COMPANY v. TRANSAMERICA INSURANCE CORPORATION OF AMERICA

Supreme Court of Michigan.

Decided August 22, 1995.

Attorney(s) appearing for the Case

Douglas I. Buck, II, for plaintiff Frankenmuth Mutual Insurance Company.

Nelson & Kreuger, P.C. (by Jon J. Schrotenboer), for plaintiff Michigan Educational Employees Mutual Insurance Company.

Plunkett & Cooney, P.C. (by Mary Massaron Ross), for defendant Continental Insurance Company.

Highland & Zanetti, P.C. (by J.R. Zanetti, Jr., and Duncan H. Brown), for defendant U.S.A.A. Casualty Insurance Company.

Dilley, Dewey, Damon & Condon, P.C. (by Jonathan S. Damon), for defendant Transamerica Insurance Corporation of America.

WEAVER, J.

The issue presented in these consolidated cases is the allocation of defense costs among multiple no-fault insurers, each of whom to some degree may be liable for a loss arising out of a single automobile accident. Although the dissent's pro-rata rule is alluring for its simplicity, as applied, it fails to adequately give meaning to the intent of the policy language and will serve only to further agitate a sufficiently litigious area of the law.

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