LEJUAN RAMBIN V ALLSTATE INSURANCE COMPANY (Concurring Opinion)
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STATE OF MICHIGAN COURT OF APPEALS LEJUAN RAMBIN, FOR PUBLICATION August 30, 2012 Plaintiff-Appellant, v No. 305422 Wayne Circuit Court LC No. 10-009091-NF ALLSTATE INSURANCE COMPANY, Defendant/Cross-Defendant/ThirdParty Plaintiff-Appellee, and TITAN INSURANCE COMPANY, Defendant/Cross-Plaintiff-Appellee, and AAA OF MICHIGAN, Third-Party Defendant. Before: DONOFRIO, P.J., and BOONSTRA and RONAYNE KRAUSE, JJ. RONAYNE KRAUSE, J. (concurring in part and dissenting in part) I concur in the majority s application of our Supreme Court s recent decision of Spectrum Health Hosp v Farm Bureau Ins Co of Mich, ___ Mich ___; ___ NW2d ___ (2012), to the facts of this case. I respectfully dissent from the majority s analysis of prior case law from this Court decided prior to, and therefore without the benefit of, Spectrum Health Hosp. Irrespective of whether I believe that analysis to be sound, I believe it is unnecessary; at best, it is dicta. I would limit my analysis to whether the specific plaintiff before us in the instant matter took the particular motorcycle in question unlawfully under these circumstances within the meaning of -1- MCL 500.3113(a). I would decline to speculate further as to matters not now before us, and I would also decline to invite the reader to do so. I agree with the result reached by the majority: that plaintiff did not take the motorcycle unlawfully. I therefore also join in the relief ordered. /s/ Amy Ronayne Krause -2-
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