Attorney General Ex Rel. Department of Natural Resources v. Michigan Property & Casualty Guaranty Ass'n

I respectfully dissent.

I agree that the State of Michigan is a “person” for purposes of the Michigan Insurance Code, MCL 500.114; MSA 24.1114.

However, in the absence of any legislative history addressing whether the Legislature intended to include governmental entities within the scope of the “net worth exception” of the Property and Casualty Guaranty Association Act, MCL 500.7925(3); MSA 24.17925(3), I would hold this exception inapplicable to the Department of Natural Resources and would determine defendant liable for the amounts of the bonds, because the claims are “covered claims” under…