Order Michigan Supreme Court Lansing, Michigan

September 30, 2019 Bridget M. McCormack, Chief Justice

157003 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra WHITNEY HENDERSON, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 157003 COA: 334105 Macomb CC: 2015-002323-NI ERIC M. KING and D & V EXCAVATING, LLC, Defendants-Appellants, and USAA CASUALTY INSURANCE COMPANY, and ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendants-Appellees, and VMC CONTRACTING, LLC, Defendant.

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By order of May 29, 2018, the application for leave to appeal the November 28, 2017 judgment of the Court of Appeals was held in abeyance pending the decision in Dye v Esurance Property & Casualty Ins Co (Docket No. 155784). On order of the Court, the case having been decided on July 11, 2019, 504 Mich ___ (2019), the application is again considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

CAVANAGH, J., did not participate due to her prior relationship with Garan Lucow Miller, P.C.

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. September 30, 2019 a0923 Clerk