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INS. INSTITUTE v. COMM'R OF OFFICE OF FINANCIAL AND INS. SERVICES

Docket No. 262385.

761 N.W.2d 184 (2008)

280 Mich. App. 333

INSURANCE INSTITUTE OF MICHIGAN v. COMMISSIONER OF THE OFFICE OF FINANCIAL AND INSURANCE SERVICES.

Court of Appeals of Michigan.

Decided August 21, 2008, at 9:05 a.m.

Attorney(s) appearing for the Case

Dickinson Wright P.L.L.C. (by Peter H. Ellsworth, Jeffery V. Stuckey, and Allen L. Lanstra, Jr.), Lansing, for the plaintiffs.

Dykema Gossett P.L.L.C. (by Lori McAllister and Kurt D. Gallinger), Lansing, for the intervening plaintiffs.

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and William A. Chenoweth, Assistant Attorney General, for the defendant.

McClelland & Anderson, L.L.P. (by Gregory L. McClelland and David E. Pierson), Lansing, for amici curiae the Michigan Association of Home Builders.

Dilley Haney, P.C. (by Troy W. Haney) and Law Offices of Robert June, P.C. (by Robert B. June), Ypsilanti, for amici curiae the Michigan House Democratic Caucus.

Before: WHITE, P.J., and ZAHRA and KIRSTEN FRANK KELLY, JJ.

WHITE, P.J.

In this action for a declaratory judgment, defendant commissioner of the Office of Financial and Insurance Services (OFIS) appeals as of right from the circuit court's opinion and order granting a permanent injunction to plaintiffs and intervening plaintiffs. The circuit court declared certain administrative rules (rules) promulgated by defendant commissioner illegal, invalid, and unenforceable, and permanently enjoined defendant from enforcing the rules...

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