FRANKENMUTH MUTUAL INSURANCE COMPANY v. KEELEY

Docket No. 81566, (Calendar No. 11).

436 Mich. 372 (1990)

461 N.W.2d 666

FRANKENMUTH MUTUAL INSURANCE COMPANY v. KEELEY.

Supreme Court of Michigan.

Decided September 26, 1990.


Attorney(s) appearing for the Case

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by Rosalind Rochkind and Milton Lucow), for the appellee.

Dean, Dean, Segar, Hart & Shulman, P.C. (by Robert L. Segar), for the appellant.

Amici Curiae:

Willingham & Cote, P.C. (by John A. Yeager and Curtis R. Hadley), for Michigan Association of Insurance Companies.

Cheatham & Acker, P.C. (by Charles C. Cheatham, James G. Gross, Mary T. Nemeth, and Michael E. Hunt), for Auto Club Insurance Association, Auto Club Group Insurance Company, Michigan Physicians Mutual Liability Company, Physicians Insurance Company of Michigan, and Transamerica Insurance Group.


ON REHEARING

RILEY, C.J.

We granted rehearing1 after our decision in Frankenmuth Mutual Ins Co v Keeley, 433 Mich. 525, 528; 447 N.W.2d 691 (1989), in which we reversed the decision of the Court of Appeals and held "that when an insurer has exhibited bad faith in failing to settle a claim on behalf of its insured, and a judgment in excess of the policy...

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