United States Fidelity & Guaranty Co. v. Michigan Catastrophic Claims Ass'n

I respectfully dissent.

On December 29, 2008, this Court decided these cases.1 Today, just a few months later, a new majority2 reverses that decision and it does so without even affording the parties an opportunity to brief and argue why this reversal is warranted. Although not relevant to my analysis of the substantive issue in these cases,3 the costs that the majority’s decision will impose on Michigan drivers is relevant to assessing the majority’s hurried approach and policy-based reversal of this *27Court’s prior decision. As I will discuss later, the majority’s decision will cause every…