explaining that this circuit misstated Michigan law when we announced the "but for" test in Stonewall Ins. Co. v. Webb, 746 F.2d 1479 (6th Cir. 1984) (unpublished per curiam)
Summary of this case from West Bay Exploration Co. v. AIG Specialty Agencies of Texas, Inc.No. 89-1344.
July 3, 1990.
Appeal from the W.D.Mich.
AFFIRMED.
explaining that this circuit misstated Michigan law when we announced the "but for" test in Stonewall Ins. Co. v. Webb, 746 F.2d 1479 (6th Cir. 1984) (unpublished per curiam)
Summary of this case from West Bay Exploration Co. v. AIG Specialty Agencies of Texas, Inc.In Steelcase, the insured had not only engaged in settlement discussions, but had actually entered into a settlement agreement with a state agency regarding a leak of paint solvent from an underground storage tank.
Summary of this case from Nat'l Union Fire Ins. Co. of Pittsburgh v. Town of NorwoodFull title:Steelcase, Inc. v. American Motorists Ins. Co
Court:United States Court of Appeals, Sixth Circuit
Date published: Jul 3, 1990
Lamerton] was insufficient to provide notice to the insurer[]." Steelcase, Inc. v. American Motorists Ins.…
West Bay Exploration Co. v. AIG Specialty Agencies of Texas, Inc.The burden of showing prejudice rests upon the insurer. Wendel, 384 Mich. at 478, 185 N.W.2d 348; Wehner, 331…