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157476-8 - Hunt, PR of the Estate of Hunt, v Drielick

Marie Hunt, Personal Representative of the Estate of Eugene Wayne Hunt,

 

Andrew Finn

 

Plaintiff/Counterdefendant/Garnishor-Plaintiff-Appellee/Cross-Appellant,

 

v

(Appeal from Ct of Appeals)

 

 

(Bay – Gill, H.)

 

Roger Drielick d/b/a Roger Drielick Trucking,

 

 

 

Defendant/Counterplaintiff/Cross-Plaintiff/Cross-Defendant-Appellee,

 

and

 

 

Corey A. Drielick,

 

 

 

Defendant/Couinterplaintiff/Cross-Plaintiff/Cross-Defendant-Appellee,

 

and

 

 

Great Lakes Carriers Corp.,

Defendant/Cross-Defendant-Appellee/Cross-Appellant,

 

and

 

 

Great Lakes Logistics & Services, Inc., and Mermaid Transportation, Inc.,

 

 

 

Defendants,

 

and

 

 

Sargent Trucking, Inc.,

Defendant/Cross-Plaintiff-Appellee/Cross-Appellant,

 

and

 

 

Empire Fire and Marine Insurance Company,

Garnishee-Defendant-Appellant/Cross-Appellee.

Nicolette Zachary

 

 

Summary

In 1996, Corey Drielick was driving a semi-tractor bobtail (not pulling a trailer) to pick up a load at Great Lakes Carriers Corporation (GLC) when he allegedly struck multiple vehicles, killing one person and seriously injuring two others. The three plaintiffs filed suit in 1996/1997 against the Drielick Trucking defendants, GLC, and Sargent Trucking.  Drielick Trucking’s insurer under a non-trucking use policy was Empire Fire and Marine Insurance Company, which denied coverage. In 2000, consent judgments were entered against the Drielick defendants, who then assigned their rights under the Empire policy to the plaintiffs, GLC, and Sargent.  Writs of garnishment were filed in late 2000 against Empire, which continued to deny coverage under a business-use exclusion.  On June 2, 2016, the trial court entered three final judgments in favor of garnishor-plaintiffs, holding Empire liable for the amounts awarded in the earlier consent judgments plus statutory judgment interest for the entire period from 1996/1997 to 2016.  In a published opinion, the Court of Appeals affirmed in part, vacated in part, and remanded for further proceedings.  The Court of Appeals vacated the final judgments on the basis of its conclusion that Empire was only liable for prejudgment interest from 1996/1997 to 2000 and not liable for any postjudgment interest, and remanded the case to the trial court for recalculation of the amount of prejudgment interest.  The Supreme Court has ordered oral argument on the application for cross appeal filed by GLC and Sargent to address the period of time for which garnishee-defendant Empire is liable for the payment of judgment interest under MCL 600.6013 or any postjudgment interest, and the proper method of calculation, see Matich v Modern Research Corp, 430 Mich 1 (1988).​