Legal Opinion

Coburn v. Fox

Michigan Supreme Court

Decided July 8, 1986No. 74502, (Calendar No. 7)PublishedCited by 21 opinions

1Opinion of the CourtCavanagh, J.

The issue in the present case is whether the enactment of the Michigan no-fault insurance act 1 invalidates any provision in a no-fault contract relieving the insurer of liability should the insured fail to cooperate in defending a claim by an injured third party. Progressive Casualty Insurance Company argues that such clauses are valid in Michigan under Allen v Cheatum, 351 Mich 585; 88 NW2d 306 (1958). Plaintiffs argue that allowing insurers a defense of noncooperation leaves the injured third party without the protection mandated by the no-fault act.

FACTUAL BACKGROUND

The parties stipulated…

2Cases cited10 opinions

  1. Shavers v. Attorney GeneralMichigan Supreme Court · 1978
  2. Belcher v. Aetna Casualty & Surety CompanyMichigan Supreme Court · 1980
  3. State Farm Mutual Automobile Insurance v. KurylowiczMichigan Court of Appeals · 1976
  4. United Security Insurance v. Commissioner of InsuranceMichigan Court of Appeals · 1984
  5. Detroit Automobile Inter-Insurance Exchange v. AyvazianMichigan Court of Appeals · 1975

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Clevenger v. Allstate InsuranceMichigan Supreme Court · 1993
  2. Universal Underwriters Group v. Allstate InsuranceMichigan Court of Appeals · 2001
  3. Helder v. SrubaMichigan Supreme Court · 2000
  4. Katinsky v. Auto Club Ins. Ass'nMichigan Court of Appeals · 1993
  5. OHIO FARMERS INSURANCE COMPANY v. Michigan Mutual Insurance CompanyMichigan Court of Appeals · 1989

16 more not listed; retrieve them via the Exa API.

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