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J & J FARMER LEASING, INC. v. CITIZENS INS. CO. OF AM.

Docket No. 125818.

696 N.W.2d 681 (2005)

472 Mich. 353

J & J FARMER LEASING, INC., Farmer Brothers Trucking Co., Inc., Calvin Organe Rickard, Jr., and James W. Riley, as Personal Representative of the Estate of Sharyn Ann Riley, Deceased, Plaintiffs-Appellees, v. CITIZENS INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

Supreme Court of Michigan.

May 24, 2005.

Attorney(s) appearing for the Case

Logeman, Iafrate & Pollard, P.C. (by Robert E. Logeman and James A. Iafrate), Ann Arbor, MI, for the plaintiffs.

Plunkett & Cooney, P.C. (by Jeffrey C. Gerish, Charles W. Browning, and Stephen P. Brown), Bloomfield Hills, MI, for the defendant.

Willingham & Coté, P.C. (by John A. Yeager and Kara Henigan), East Lansing, MI, for Insurance Institute of Michigan, amicus curiae.

Maurice A. Borden, Traverse City, MI, for Michigan Defense Trial Counsel, amicus curiae.

Dykema Gossett, P.L.L.C. (by Lori McAllister and Kurt D. Gallinger), Lansing, MI, for the American Insurance Association, the National Association of Mutual Insurance Companies, and the Michigan Insurance Coalition, amici curiae.

PER CURIAM.

At issue is whether a covenant not to sue a party is indistinguishable from a release and, thus, results in a bar to suits against a covenantee's tortfeasor by a covenantee's assignee. The Court of Appeals concluded that the instruments are indistinguishable and, accordingly, that a covenantee's assignee (the covenantor) would be barred in a suit against the tortfeasor. We disagree and vacate that part of the judgment. The Court of Appeals correctly concluded...

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