Order Michigan Supreme Court Lansing, Michigan

October 22, 2010 Marilyn Kelly, Chief Justice

141179 Michael F. Cavanagh Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway VALERIE ANDERSON, Alton Thomas Davis, Plaintiff-Appellant, Justices

v SC: 141179 COA: 295960 Cheboygan CC: 08-007855-NF HARLEYSVILLE INSURANCE COMPANY, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the May 3, 2010 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the December 22, 2009 opinion and order of the Cheboygan Circuit Court and we REMAND this case to that court for reconsideration in light of Univ of Mich Regents v Titan Ins Co, 487 Mich ___ (Docket No. 136905, decided 7/31/10), overruling Cameron v Auto Club Ins Ass’n, 476 Mich 55 (2006).

We do not retain jurisdiction.

CORRIGAN, J. (concurring).

I concur in this Court’s decision to remand this case in light of Univ of Mich Regents v Titan Ins Co, 487 Mich ___ (2010). However, I write separately to note that I continue to adhere to the positions stated in Justice MARKMAN’s dissenting opinion in that case, which I joined, as well as my statement dissenting from this Court’s decision to deny rehearing in that case. See Univ of Mich Regents, 487 Mich at ___ (2010) (MARKMAN, J., dissenting); Univ of Mich Regents v Titan Ins Co, ___ Mich ___ (10/15/10) (denying rehearing) (CORRIGAN, J., dissenting).

YOUNG, J. (concurring).

I concur in this Court’s decision to remand this case in light of Univ of Mich Regents v Titan Ins Co, 487 Mich ___ (2010). However, I write separately to note that I 2

continue to adhere to the positions stated in Justice MARKMAN’s dissenting opinion in that case, which I joined, as well as my statement dissenting from this Court’s decision to deny rehearing in that case. See Univ of Mich Regents, 487 Mich at ___ (2010) (MARKMAN, J., dissenting); Univ of Mich Regents v Titan Ins Co, ___ Mich ___ (10/15/10) (denying rehearing) (YOUNG, J., dissenting). In particular, I note that the uncorrected confusion created by the majority opinion’s use of “incompetent” where the statute plainly uses “insane” may prove especially troubling in cases such as this.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. October 22, 2010 _________________________________________ p1019 Clerk