On December 14, 2005, the Court heard oral argument on the application for leave to appeal the May 20, 2004 judgment of the Court of Appeals. On order of the Court, the application for leave to appeal is again considered and, pursuant to MCR 7.302(G)(1), we VACATE the judgment of the Court of Appeals because we do not agree that Perez v. Aetna Life Insurance Company,
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