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MICHIGAN MILK v. COMMERCIAL UNION INS. CO.

No. G76-138 CA.

564 F.Supp. 1545 (1983)

MICHIGAN MILK PRODUCERS ASSOCIATION, a Michigan corporation, Plaintiff, v. COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts corporation, Defendant.

United States District Court, W.D. Michigan, S.D.

June 10, 1983.

Attorney(s) appearing for the Case

Foster, Swift & Collins, P.C., by Philip T. Carter, Lansing, Mich., for plaintiff.

Fitzgerald, Young, Peters, Dakmak & Bruno by Neill T. Peters, Detroit, Mich., for defendant.

OPINION

HILLMAN, District Judge.

This is a diversity case in which the court's decision turns on an unanswered question of Michigan law. The issue before the court is the apportionment of liability for pre-judgment interest among an insured party and its primary and excess insurers. The court has taken testimony and extensive briefs have been submitted. Pursuant to Fed.R.Civ.P. 52(a), the court enters the following findings of fact and conclusions of law...

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