Ross v. State Farm Insurance

MEMORANDUM OPINION AND ORDER

NEWBLATT, District Judge.

At an August 8, 1987 hearing, the Court granted defendant’s Motion for Summary Judgment of Count I of the complaint. Pursuant to Local Rule 17(m), plaintiff has now moved the Court for reconsideration of this earlier decision. For the reasons stated below, the Motion is GRANTED; the Court’s earlier grant of summary judgment is VACATED, and Count I of the complaint shall hereby be REINSTATED. *

In the seminal case of Toussaint v. Blue Cross and Blue Shield of Michigan, 408 Mich. 579, 292 N.W.2d 880 (1980), the Michigan Supreme Court held that…