SMDA v. AMERICAN INS. CO.

Docket Nos. 186277-186280 and 189612.

572 N.W.2d 686 (1997)

225 Mich. App. 635

SOUTH MACOMB DISPOSAL AUTHORITY, Plaintiff-Appellee, v. AMERICAN INSURANCE COMPANY and National Surety Corporation, Defendants-Appellants, and Citizens Insurance Company, Westchester Fire Insurance Company and Michigan Municipal Risk Management Authority, Defendants. SOUTH MACOMB DISPOSAL AUTHORITY, Plaintiff-Appellee, v. WESTCHESTER FIRE INSURANCE COMPANY, Cranford Insurance Company, International Insurance Company, and National Surety Corporation, Defendants, and Citizens Insurance Company, Defendant-Appellant, and Evanston Insurance Company, Defendant. SOUTH MACOMB DISPOSAL AUTHORITY, Plaintiff-Appellee, v. WESTCHESTER FIRE INSURANCE COMPANY, Cranford Insurance Company, and International Insurance Company, Defendants, and National Surety Corporation, Defendant-Appellant, and Citizens Insurance Company and Evanston Insurance Company, Defendants. SOUTH MACOMB DISPOSAL AUTHORITY, Plaintiff-Appellee, v. AMERICAN INSURANCE COMPANY, National Surety Corporation, Westchester Fire Insurance Company, and Michigan Municipal Risk Management Authority, Defendants, and Citizens Insurance Company, Defendant-Appellant. SOUTH MACOMB DISPOSAL AUTHORITY, Plaintiff-Appellee, v. WESTCHESTER FIRE INSURANCE COMPANY, Defendant-Appellant, and Cranford Insurance Company, International Insurance Company, National Surety Corporation, Citizens Insurance Company, and Evanston Insurance Company, Defendants.

Court of Appeals of Michigan.

Decided October 10, 1997, at 9:10 a.m.

Released for Publication January 8, 1998.


Attorney(s) appearing for the Case

Dykema Gossett PLLC by Roger K Timm and John A. Ferroli, Detroit, for plaintiff-appellee.

Rivkin, Radler & Kremer by Daniel A. Bartoldus and Joshua N. Krellen, Uniondale, NY, and Still, Nemier, Tolari & Landry, P.C. by Michelle E. Mathieu, Farmington Hills, for American Insurance Company and National Surety Corporation.

Crozier & Blais by Linda L. Blais, Spring Lake, for Citizens Insurance Company of America.

Sommers, Schwartz, Silver & Schwartz, P.C. by Leonard B. Schwartz and Patrick Burkett, Southfield, for Westchester Fire Insurance Company.

Before CORRIGAN, P.J., and JANSEN and M. WARSHAWSKY, JJ.


ON REMAND

CORRIGAN, Presiding Judge.

These consolidated cases are before us on remand from our Supreme Court for consideration as on leave granted. South Macomb Disposal Authority v. American Ins. Co., 448 Mich. 947, 534 N.W.2d 530 (1995); South Macomb Disposal Authority v. Westchester Fire Ins. Co., 448 Mich. 947, 534 N.W.2d 531 (1995); South Macomb Disposal Authority v. Westchester Fire Ins...

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