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MARKETOS v. AMERICAN EMPLOYERS INS. CO.

Docket No. 117376.

633 N.W.2d 371 (2001)

465 Mich. 407

George J. MARKETOS and Mark Video Enterprises, Inc., Plaintiffs-Appellants, v. AMERICAN EMPLOYERS INSURANCE CO., Defendant-Appellee.

Supreme Court of Michigan.

September 26, 2001.

Attorney(s) appearing for the Case

Kanter & Associates (by Robert W. Roddis) Ann Arbor, MI and Honigman, Miller, Schwartz & Cohn (by I.W. Winsten), Detroit, MI, for the plaintiffs-appellants.

Cozen & O'Connor (by Thomas McKay, III, and Kathie D. King) Philadelphia, PA and Miller, Canfield, Paddock & Stone, PLC (by Allyn D. Kantor) Ann Arbor, MI, for the defendant-appellee.

Opinion

PER CURIAM

The plaintiffs brought this action to recover on a fire insurance policy for damages to their property. The trial resulted in a judgment for the plaintiffs, with the jury rejecting defendant's arson defense. The circuit court refused to award mediation sanctions under MCR 2.403(O). However, the Court of Appeals reversed, concluding that the trial court should not have deducted a setoff in determining whether mediation sanctions were warranted...

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