South MacOmb Disposal Authority v. American Insurance

Defendants American Insurance Company and National Surety Corporation (collectively referred to as ffic) appeal by leave granted the trial court’s order granting plaintiff’s motion for relief from judgment based on newly discovered evidence. Defendant Citizens Insurance Company of America cross appealed, challenging the same order. We reverse.

Plaintiff operates landfills located in Macomb County. In 1990, the Michigan Department of Natural Resources (mdnr) informed plaintiff that tests revealed that plaintiff’s landfill sites 7 and 11 had leaked leachate into the surrounding groundwater.…