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Shavers v Attorney General; (MSC-PUB, 11/21/1979; RB #255)

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Michigan Supreme Court; Docket No. 57916, et al; Published  
Opinion by J. Williams; (with J. Ryan, J. Coleman, and J. Fitzgerald Dissenting in Part)  
Official Michigan Reporter Citation: 402 Mich 554; Link to Opinion alt    


STATUTORY INDEXING:  
Not Applicable

TOPICAL INDEXING:
Not Applicable    


CASE SUMMARY:  
The Supreme Court ordered that the Shavers litigation be remanded back to the Wayne County Circuit Court for the purposes of taking proofs on whether the statutory deficiencies outlined by the Supreme Court in its June 1978 opinion have been corrected by the newly enacted no-fault legislation (1972 PA 294). The remand back to the Circuit Court will also involve the taking of proofs on the Insurance Commissioner's newly promulgated Rules and Regulations recently formulated incident to the Shavers Opinion. The Court ordered that the proof taking process should commence within sixty (60) days of the date of the Supreme Court's remand order. To facilitate a proper review of the trial court's findings, the period during which the Supreme Court reserved ruling on the constitutionality of the no-fault law is extended until further order of the Court

Chief Justice Coleman and Justice Ryan concurred with the remand except that portion which directed the trial court to consider the Insurance Commissioner's Rules because those rules have not been formally adopted pursuant to the provisions of the APA.


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