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ROMAIN v. FRANKENMUTH MUT. INS. CO.

Docket No. 135546.

762 N.W.2d 911 (2009)

David ROMAIN and Joann Romain, Plaintiffs-Appellees, v. FRANKENMUTH MUTUAL INSURANCE COMPANY and IAQ Management, Inc., Defendants, and Insurance Services Construction Corporation, Defendant-Appellant.

Supreme Court of Michigan.

March 31, 2009.

Attorney(s) appearing for the Case

Blake, Kirchner, Symonds, Larson, Kennedy & Smith, P.C., (By Kevin T. Kennedy, Rebecca S. Austin, and Christopher W. Bowman), Detroit, for David and Joann Romain.

Cardelli, Lanfear & Buikema, P.C. (by Anthony F. Caffrey III), Grand Rapids, for Insurance Services Construction Corp.

John A. Braden, for himself, amicus curiae.

Dickinson Wright, PLLC (by Phillip J. DeRosier, Trent B. Collier, and Doron Yitzchaki), Ann Arbor, for Michigan Defense Trial Counsel, Inc., amicus curiae.

Clark Hill, PLC (by David D. Grande-Cassell and Kristin B. Bellar), Lansing, for the Michigan Manufacturers Ass'n, amicus curiae.

OPINION

PER CURIAM.

The Wayne Circuit Court summarily dismissed IAQ Management, Inc. (IAQ), from this action because IAQ did not owe plaintiffs a duty under the contract involved or under general negligence principles. Thereafter, defendant, Insurance Services Construction Corporation, filed a notice under MCR 2.112(K) naming IAQ as a nonparty at fault. Because IAQ did not owe plaintiffs a duty, IAQ's conduct could not have been "a proximate cause of damage...

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