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OAKLAND COUNTY BD. v. MICH. PROPERTY & CAS. GUAR.

Docket Nos. 106446, 107251, Calendar Nos. 9-10.

575 N.W.2d 751 (1998)

456 Mich. 590

BOARD OF COUNTY ROAD COMMISSIONERS FOR the COUNTY OF OAKLAND, Plaintiff-Appellant, v. MICHIGAN PROPERTY & CASUALTY GUARANTY ASSOCIATION, Defendant-Appellee. Frank J. KELLEY, Attorney General for the State of Michigan, ex rel. DIRECTOR OF the MICHIGAN DEPARTMENT OF NATURAL RESOURCES, Plaintiff-Appellant, v. MICHIGAN PROPERTY & CASUALTY GUARANTY ASSOCIATION, Defendant-Appellee.

Supreme Court of Michigan.

Decided March 24, 1998.

Attorney(s) appearing for the Case

Rutledge, Manion, Rabaut, Terry & Thomas, P.C. by Alvin A. Rutledge and Patrick D. Filbin, Detroit, for plaintiff-appellant Oakland County Board of Road Commissioners.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Stephen F. Schuesler, Assistant Attorney General, Lansing, for plaintiffs-appellants Attorney General, ex rel. Director of the Department of Natural Resources.

Dykema, Gossett, P.L.L.C. by Suzanne Sahakian and Ava K. Ortner, Detroit, for defendant-appellee Michigan Property and Casualty Guaranty Association.

Miro, Weiner & Kramer, P.C. by Samuel C. Damren and Matthew Leitman, Bloomfield Hills (Hutchins, Wheeler & Dittmar, of counsel) by Joseph C. Tanski, Boston, MA, amicus curiae, for National Conference of Insurance Guaranty Funds.

OPINION

BRICKLEY, Justice.

I

We are called upon to decide several issues in the two cases before us. First, we must determine whether the "net worth" exclusion of the Property and Casualty Guaranty Association Act, M.C.L. § 500.7901 et seq.; M.S.A. § 24.17901 et seq., applies to insureds or to third-party claimants. Then we must decide whether the state is a "person" within...

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