Order Michigan Supreme Court Lansing, Michigan November 6, 2013 Robert P. Young, Jr., Chief Justice 147215 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack DAIRYLAND INSURANCE COMPANY, David F. Viviano, Plaintiff-Appellee, Justices v SC: 147215 COA: 307467 Macomb CC: 2011-000107-NF AFFIRMATIVE INSURANCE COMPANY and AFFIRMATIVE INSURANCE COMPANY OF MICHIGAN, Defendants-Appellants.

____________________________________/ On order of the Court, the application for leave to appeal the April 30, 2013 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

MARKMAN, J., would grant leave to appeal for the reasons set forth in his dissenting statement in Farmers Ins Exchange v Farm Bureau General Ins Co of Mich, 478 Mich 880 (2007).

I, Larry S. Royster, 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.

November 6, 2013 h1030 Clerk