Michigan v. Initial Transport and Employers Mutual Casualty Company

Supplemental Brief in Michigan Supreme Court for Insurance Company and Trucking Company

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Michigan Department of Transportation v. Employers Mutual Casualty Co. et al. , 480 Mich. 862; 748 N.W.2d 239 (2008) - After a catastrophic accident involving a motor carrier hauling gasoline caused significant property damage to a state highway system, the state of Michigan brought claims against an insurance company and the owner of the truck seeking over $3 million in property damages. The issue, one of first impression, was whether a federally mandated coverage endorsement required for transporters of hazardous substances allowed for the state of Michigan to sue the insurance company and the trucking company for damages above the statutorily capped $1 million available for property damage claims under Michigan's No-Fault Automobile Insurance law. The Court of Appeals, in a published opinion, ruled against the insurance company and the trucking company holding that the federal endorsement created a private right of action and implicitly amended Michigan's No-Fault law, which allowed the state of Michigan to sue the insurance company and the trucking company to recover damages above the statutorily capped $1 million. After the Supreme Court granted oral argument on an application for leave to appeal, Mr. Tucker was asked to brief the issues and present the oral argument on the application. On May 7, 2008, Mr. Tucker presented oral arguments to the Court and on May 16, 2008, the Court issued a peremptory order reversing the Court of Appeals in favor of the insurance company and the trucking company.

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Published In: Environmental Updates, Insurance Updates, Toxic Torts Updates, Transportation Updates, Business Torts Updates

Reference Info:Appellate Brief | State, 6th Circuit, Michigan | United States