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U.S. F. INS. & GUA. CO. v. MCCA

Docket Nos. 260604, 271199.

731 N.W.2d 481 (2007)

274 Mich. App. 184

UNITED STATES FIDELITY INSURANCE & GUARANTY COMPANY, Plaintiff-Appellee, v. MICHIGAN CATASTROPHIC CLAIMS ASSOCIATION, Defendant-Appellant, and Michael Migdal, Individually and as Conservator for the Estate of Daniel Migdal, a Protected Person, Defendant. The Hartford Insurance Company of the Midwest, Plaintiff-Appellant, v. Michigan Catastrophic Claims Association, Defendant-Appellee.

Court of Appeals of Michigan.

Decided February 6, 2007, at 9:00 a.m.

Released for Publication May 14, 2007.

Attorney(s) appearing for the Case

Plunkett & Cooney, P.C. (by Jeffrey C. Gerish and Gregory Gromek), Bloomfield Hills, for United States Fidelity Insurance & Guaranty Company.

Stark Reagan, P.C. (by Ava K. Ortner), Troy and Dykema Gossett, P.L.L.C. (by Joseph K. Erhardt, Jill M. Wheaton, and K.J. Miller), Detroit, for the Michigan Catastrophic Claims Association.

Secrest Wardle (by Janet Callahan Barnes and John H. Cowley, Jr.), Farmington Hills, for The Hartford Insurance Company of the Midwest.

Secrest Wardle (by Janet Callahan Barnes and John H. Cowley, Jr.), Farmington Hills, for The Hartford Insurance Company of the Midwest in Docket No. 260604, amicus curiae.

John A. Lydick, Bingham Farms, for the Insurance Institute of Michigan, amicus curiae.

Gross, Nemeth & Silverman, P.L.C. (by Mary T. Nemeth), Detroit, for Auto Club Insurance Association, amicus curiae.

Before: OWENS, P.J., and WHITE and HOEKSTRA, JJ.

PER CURIAM.

These consolidated appeals concern the extent of the Michigan Catastrophic Claims Association's (MCCA) duty to indemnify its member insurance companies for losses incurred as a result of personal protection insurance (PIP) payments made to insureds who have suffered catastrophic injuries.

In Docket No. 260604, the MCCA appeals by right the Oakland Circuit Court's November 3, 2004, order granting summary disposition to plaintiff United States Fidelity...

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