Marketos v. American Employers Insurance

The plaintiffs brought this action to recover on a fire insurance policy for damages to their property. The trial resulted in a judgment for the plaintiffs, with the jury rejecting defendant’s arson defense. The circuit court refused to award mediation sanctions under MCR 2.403(0). However, the Court of Appeals reversed, concluding that the trial court should not have deducted a setoff in determining whether mediation sanctions were warranted. We hold that the setoff was properly deducted and therefore reverse the judgment of the Court of Appeals in part.

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Plaintiff, Mark Video Enterprises,…