Opinion
Docket No. 143330.COA No. 296502.
2011-09-21
PROGRESSIVE MARATHON INSURANCE COMPANY, Plaintiff/Cross–Defendant–Appellant,v.Ryan DEYOUNG and Nicole L. Deyoung, Defendants,andSpectrum Health Hospitals and Mary Free Bed Rehabilitation Hospital, Intervenors/Cross–Plaintiffs–Appellees,andCitizens Insurance Company of America, Intervenor/Cross–Defendant–Appellee.
Prior report: Mich.App., 2011 WL 2023000.
Order
On order of the Court, the application for leave to appeal the May 24, 2011 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall address: (1) whether an immediate family member who knows that he or she has been forbidden to drive a vehicle, and has been named in the no-fault insurance policy applicable to the vehicle as an excluded driver, but who nevertheless operates the vehicle and sustains personal injury in an accident while doing so, comes within the so-called “family joyriding exception” to MCL 500.3113(a); and (2) if so, whether the “family joyriding exception” should be limited or overruled.
The Michigan Association for Justice, the Michigan Insurance Federation, the Michigan Defense Trial Counsel, Inc., the Michigan Health and Hospital Association, and the Commissioner of Insurance are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented may move the Court for permission to file briefs amicus curiae.