As I had predicted in August 2012, when the Court of Appeals issued its opinion in this case, the Supreme Court would likely have to further analyze the underlying issues regarding the meaning of an “unlawful taking” and therefore unauthorized use of a motorcycle or motor vehicle under Michigan’s No-Fault Act. I wrote extensively on this issue in my amicus curiae brief for Insurance Institute of Michigan, see the post here (Progressive v. DeYoung Post) and then, in my post below, noted the remaining underlying issues have yet to be resolved concerning coverage under these circumstances.
See the Supreme Court’s Order here, issued yesterday: Rambin Order
Read my prior post from August predicting this: Supreme Court to Address Court of Appeals Interpretation of “Unlawful Taking” Under No-Fault Act MCL 500.3113(a)
Published by Carson J Tucker, JD MSEL
Owner of law firm since July 2014; Handles all types of appellate matters and assists other lawyers with complex litigation and insurance coverage issues; Admitted to the Supreme Court of the United States, the Sixth Circuit Court of Appeals and the State Bar of Michigan; Expertise in prosecuting and defending appeals with several significant successes in the Sixth Circuit Court of Appeals, the Michigan Supreme Court and the Michigan Court of Appeals; Author of briefs amicus curiae in the Michigan Supreme Court for the Michigan Defense Trial Counsel and the Insurance Institute of Michigan; Represents Insurance Companies, Major International Business, Governmental Entities, Law Enforcement Officers and County Sheriffs.
Board of Directors, Michigan Defense Trial Counsel
Amicus Committee Co-Chair, Michigan Defense Trial Counsel
Military - Retired Major in the Judge Advocate General (JAG) Corps of the United States Army, Brigade Judge Advocate and Staff JAG officer for the Maneuver Training Center, Camp Grayling, Michigan; Recipient of the Army's Meritorious Service Medal (the highest medal of honor available to Soldiers serving in non-combat roles); 2012 Graduate of the Judge Advocate Officer Advanced Course, at The Judge Advocate Legal Center and School, Charlottesville, Virginia.
United States Navy Reserves, Combat Warfare Qualification, January 1989 to July 2003
Former law clerk to Justice Stephen J. Markman, Michigan Supreme Court, Research Attorney, Michigan Court of Appeals. Insurance Coverage Associate Plunkett Cooney; Environmental Law Attorney at Squire Sanders, now Squire Patton Boggs; Master's Degree in Environmental Law; Environmental Law Scholar, ALI/ABA Washington, D.C., Juris Doctorate, Vermont Law School, Environmental Editor, Vermont Law Review; Treasurer and Finalist, Moot Court Advisory Board.
View all posts by Carson J Tucker, JD MSEL