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CHURELLA v. PIONEER STATE MUTUAL INS CO.

No. 116474, COA No. 204840.

624 N.W.2d 725 (2001)

Mark CHURELLA, Susan Radtke and Peter Treboldi, on behalf of themselves and all members of their Class, Plaintiffs-Appellants, Cross-Appellees, v. PIONEER STATE MUTUAL INSURANCE COMPANY, Dale Little, Gordon H. Gingrich, Harlan Gingrich, Robert West, Dan Czmer, Jack D'Arcy, Carleton Wilson and Milton Timmerman, Defendants-Appellees, Cross-Appellants, and Frank J. Kelley, Attorney General, D. Joseph Olson, Commissioner of Insurance, Intervening Defendants-Appellees.

Supreme Court of Michigan.

April 17, 2001.

On order of the Court, the application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE, in part, the November 12, 1999, decision of the Court of Appeals and REMAND the case to that court for consideration of plaintiffs' remaining issues. The Court of Appeals erroneously concluded that the Insurance Commissioner has exclusive jurisdiction over a policyholder's claim against a mutual insurance company for the...

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