Travelers Insurance v. Detroit Edison Co.

We granted leave to appeal in this case, directing the parties to address: (1) whether the doctrine of primary jurisdiction is properly characterized as a “defense,” and, if so, (2) whether such a defense is waived by a party’s failure to raise it in the first responsive pleading. 463 Mich 906 (2000), citing Rinaldo’s Construction Corp v Michigan Bell Telephone Co, 454 Mich 65, 70; 559 NW2d 647 (1997), and Grand Blanc Landfill Inc v Swanson Environmental Inc, 448 Mich 859; 528 NW2d 734 (1995).

For the reasons set forth below, we hold that the doctrine of primary jurisdiction is not a defense,…