FARM BUREAU INSUR CO V MORGAN L SCAFE

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STATE OF MICHIGAN COURT OF APPEALS FARM BUREAU INSURANCE COMPANY, UNPUBLISHED Plaintiff-Appellant, v MORGAN L. SCAFE, JUDITH A. SCAFE, LYNN L. SCAFE, and CLAIRE MINARIK, No. 190297 Genesee Circuit Court LC No. 93-020087-CZ Defendant-Appellees. Before: Neff, P.J., and Wahls and Taylor, JJ. NEFF, P.J. (concurring). The majority relies on Michigan Basic Property Ins Ass’n v Wasarovich, 214 Mich App 319; 542 NW2d 367 (1995), which I agree is controlling. However, I believe Wasarovich was wrongly decided and adopt as my own the reasoning of Judge Root’s dissent in that case. Id. at 329 335. Administrative Order 1996-4 compels me to follow Wasarovich; otherwise I would dissent and urge affirmance of the trial court’s decision. /s/ Janet T. Neff -1

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