ATTORNEYS' LIABILITY ASSUR. SOCIETY v. FITZGERALD

No. 5:01-CV-14.

174 F.Supp.2d 619 (2001)

ATTORNEYS' LIABILITY ASSURANCE SOCIETY, INC., a Risk Retention Group, and Housing Authority Risk Retention Group, Inc. a Risk Retention Group, Plaintiffs, v. Frank M. FITZGERALD, in his official capacity as Commissioner of the Office of Financial and Insurance Services for the State of Michigan, Defendant.

United States District Court, W.D. Michigan, Southern Division.

November 28, 2001.


Attorney(s) appearing for the Case

Lori M. Silsbury, Dykema Gossett, Lansing, MI, Lee Philip Reno, Reno & Cavanaugh, PLLC, Washington, DC, for Attorneys' Liability Assurance Society, Inc., Housing Authority Risk Retention Group, Inc., plaintiffs

William A. Chenoweth, Department of Attorney General, Insurance & Banking Division, Lansing, MI, Philip C. Olsson, Olsson, Frank & Weeda, PC, Washington, DC, for Frank M. Fitzgerald, in his official capacity as Commissioner of the Office of Financial and Insurance Services for the State of Michigan, defendants.


OPINION

ENSLEN, District Judge.

This matter is before the Court on Plaintiffs' and Defendant's cross-motions for summary judgment. The Court will deny Defendant's Motion and will grant Plaintiffs' Motion.

I. Standard of Review and Applicable Federal Rules

Review of a motion for summary judgment requires the Court to determine if the pleadings, depositions, answers to interrogatories...

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