Kassab v. Michigan Basic Property Insurance

I believe this matter should be resubmitted for rebriefing and participation of additional amici curiae and the Attorney General. A majority of the Court not presently agreeing with that view, I concur in the result reached by the Chief Justice and Justice Mallett. However, because I am unpersuaded that plaintiff’s first amended complaint meets the fraud pleading requirements of MCR 2.112(B)(1), I respectfully dissent from the remand of the fraud claim. MCR 2.112(B)(1), which parallels FR Civ P 9(B)(1),1 requires:

In allegations of fraud or mistake, the circumstances constituting fraud or…