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SMITH v. ALLENDALE MUTUAL INS. CO.

Docket Nos. 60645, 62465-62470. (Calendar Nos. 1, 2).

410 Mich. 685 (1981)

303 N.W.2d 702

SMITH v. ALLENDALE MUTUAL INSURANCE COMPANY SABRAW v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY BULLOCK v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY CSUTORA v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY HANSEN v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY WAUGH v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY

Supreme Court of Michigan.

Decided March 30, 1981.

Attorney(s) appearing for the Case

Goodman, Eden, Millender & Bedrosian (by Joan Lovell and James A. Tuck; Richard M. Goodman, of counsel), for plaintiffs Smith.

Cicinelli, Mossner, Majoros & Alexander, P.C. (by Eugene D. Mossner), for plaintiffs Sabraw, Bullock, Csutora and Hansen.

Martin & Martin and Robert R. Day for plaintiff Waugh.

Davidson, Gotshall, Kohl, Secrest, Wardle, Lynch & Clark (by Konrad D. Kohl and Mary Ann Zito) for defendants Allendale Mutual Insurance Company and Factory Mutual Engineering Association.

Howard S. Otto (George M. Tunison, of counsel) for defendant Michigan Millers Mutual Insurance Company.

Amici Curiae:

Joselyn, Rowe, Jamieson & Grinnan, P.C., for Alliance of American Insurers, American Insurance Association and National Association of Independent Insurers.

Lopatin, Miller, Bindes, Freedman, Bluestone, Erlich & Rosen (by Steven G. Silverman) for Michigan Trial Lawyers Association.

Decided March 30, 1981. Rehearing denied 411 Mich ___.

LEVIN, J. (for affirmance in Smith and reversal in Sabraw).

The question presented concerns the liability of a fire insurer to employees of its insured for injuries sustained as a result of fire hazards not detected and brought to the insured's attention as a result of the insurer's inspections of the insured's premises.

Defendants insured the premises where plaintiffs1...

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