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No. 125818
| J & J Farmer Leasing, Inc., Farmer |
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James A. Iafrate |
Brothers Trucking Co., Inc., Calvin |
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| Orange Rickard, Jr., and James W. |
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Riley, as Personal Representative of the |
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Estate of Sharyn Ann Riley, Deceased, |
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Plaintiffs-Appellees, |
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vs (
Washtenaw - Swartz, D.) |
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Citizens Insurance Company of America, |
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Jeffrey C. Gerish |
Defendant-Appellant. |
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Click to view briefs in Adobe format:
Plaintiffs-Appellees' Brief in Response to Application>>
Defendant-Appellant's Application for Leave to Appeal >>
Defendant-Appellant's Amended Statement of Questions>>
Defendant-Appellant's Supplemental Brief>>
Defendant-Appellant's Second Supplemental Brief>>
American Insurance Association, the National Association of Mutual Insurance
Companies, and the Michigan Insurance Coalition's Amici Curiae Brief>>
Insurance Institute of Michigan's Amicus Curiae Brief>>
Michigan Defense Trial Counsel's Amicus Curiae Brief>>
Background
Sharyn Ann Riley was killed when a semitrailer and tractor swerved into the lane in which she was driving, colliding head-on with her vehicle. James Riley, as the personal representative of Sharyn Riley, sued Citizens' insured, J & J Farmer Leasing, under a wrongful death theory. The jury's verdict exceeded the limits of J & J's insurance policy with Citizens. After Citizens paid its policy limits, J & J remained liable for the balance of the judgment. Riley and J & J then agreed to bring a joint suit against Citizens, on the basis of the insurer's alleged bad-faith failure to settle the wrongful death action. Riley agreed not to sue J & J for the unsatisfied portion of the judgment as long as J & J cooperated in the suit against Citizens. Citizens argued that the lawsuit should be dismissed because the agreement between Riley and J & J constituted a release of J & J, and also a release of Citizens, J & J's insurer. The trial court denied Citizens' motion, and the Court of Appeals affirmed the trial court's ruling. Citizens Insurance now seeks leave to appeal to the Supreme Court.
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