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SECURA INS. CO. v. STAMP

No. 357395.

991 N.W.2d 244 (2022)

341 Mich. App. 574

SECURA INSURANCE COMPANY, Plaintiff-Appellee, v. Deanna STAMP, Personal Representative of the Estate of Brian Stamp, Defendant-Appellant, and Jessica Beatty, Personal Representative of the Estate of Rhonda Lynn Mahaffy, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 19, 2022, at 9:00 a.m.

Attorney(s) appearing for the Case

Merry, Farnen & Ryan, PC, Saint Clair Shores (by John J. Schutza ) for Secura Insurance Company.

Paterson & Paterson, Sandusky (by John S. Paterson ) and Law Office of Joseph S. Harrison (by Joseph S. Harrison ) for Deanna Stamp.

Miller & Tischler, PC, Farmington Hills (by Wayne J. Miller ) for Jessica Beatty.

Before: Borrello, P.J., and Shapiro and Hood, JJ.

This case concerns the distribution of interpleaded insurance funds when those funds are inadequate to pay each claimant in full. The trial court correctly relied on caselaw holding that a pro rata distribution is required under these circumstances but then proceeded to split the insurance proceeds equally between the two estates—...

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