Michigan Milk Producers Ass'n v. Commercial Union Insurance

OPINION AND ORDER

DOUGLAS W. HILLMAN, District Judge.

Plaintiff Michigan Milk Producers Association (hereinafter “MMPA”) brought this diversity action against defendant Commercial Union Insurance Company (hereinafter “CU”) alleging that under Michigan law, excess insurance carriers are liable for a pro-rata share of pre-judgment interest. Jurisdiction is maintained under 28 U.S.C. § 1332. Both sides have moved for summary judgment. For the reasons that follow, I deny the parties’ motions.

FACTS

Prior to April 6, 1960, an insurance contract with a maximum liability of $50,000.00 was entered into…