equity doctrine in Michigan

2004Co. v. Medical Protective Co., 426 Mich. 109, 117 , 393 N.W.2d 479 (1986) (opinion by Williams, C.J.) (citations omitted).] "Equitable subrogation is a flexible, elastic doctrine of equity." Hartford Accident & Indemnity Co. v. Used Car Factory, Inc., 461 Mich. 210, 215 , 600 N.W.2d 630 (1999).

2004Co. v. Medical Protective Co., 426 Mich. 109, 117 , 393 N.W.2d 479 (1986) (opinion by Williams, C.J.) (citations omitted).] "Equitable subrogation is a flexible, elastic doctrine of equity." Hartford Accident & Indemnity Co. v. Used Car Factory, Inc., 461 Mich. 210, 215 , 600 N.W.2d 630 (1999).

2021A. PRINCIPLES THAT UNDERPIN AN EQUITABLE-SUBROGATION CLAIM “Equitable subrogation is a flexible, elastic doctrine of equity.” 19 Thus, “[i]ts application ‘should and must proceed on the case-by-case analysis characteristic of equity jurisprudence.’ ” 20 Equitable subrogation is the “mode which equity adopts to compel the ultimate payment of a debt by one who in justice, equity, and good conscience ought to pay it.” 21 Equitable subrogation has been invoked successfully in a variety of circumstances, 22 but “the mere fact that [it] has not been previously invoked in a particular situation is no

2021A. PRINCIPLES THAT UNDERPIN AN EQUITABLE-SUBROGATION CLAIM “Equitable subrogation is a flexible, elastic doctrine of equity.” 19 Thus, “[i]ts application ‘should and must proceed on the case-by-case analysis characteristic of equity jurisprudence.’ ” 20 Equitable subrogation is the “mode which equity adopts to compel the ultimate payment of a debt by one who in justice, equity, and good conscience ought to pay it.” 21 Equitable subrogation has been invoked successfully in a variety of circumstances, 22 but “the mere fact that [it] has not been previously invoked in a particular situation is no

2004It is well-established that the subrogee acquires no greater rights than those possessed by the subrogor, and that the subrogee may not be a “mere volunteer.” [Auto-Owners Ins Co v Amoco Production Co, 468 Mich 53, 59 ; 658 NW2d 460 (2003), quoting Commercial Union Ins Co v Medical Protective Co, 426 Mich 109, 117 ; 393 NW2d 479 (1986) (opinion by WILLIAMS, C.J.) (citations omitted).] “Equitable subrogation is a flexible, elastic doctrine of equity.” Hartford Accident & Indemnity Co v Used Car Factory, Inc, 461 Mich 210, 215 ; 600 NW2d 630 (1999).

2004It is well-established that the subrogee acquires no greater rights than those possessed by the subrogor, and that the subrogee may not be a “mere volunteer.” [Auto-Owners Ins Co v Amoco Production Co, 468 Mich 53, 59 ; 658 NW2d 460 (2003), quoting Commercial Union Ins Co v Medical Protective Co, 426 Mich 109, 117 ; 393 NW2d 479 (1986) (opinion by WILLIAMS, C.J.) (citations omitted).] “Equitable subrogation is a flexible, elastic doctrine of equity.” Hartford Accident & Indemnity Co v Used Car Factory, Inc, 461 Mich 210, 215 ; 600 NW2d 630 (1999).

1928In arriving at this conclusion we have not been unmindful that: “A forfeiture is not favored either at law or in equity and a provision for it in a contract will be strictly construed and courts will find a waiver upon slight evidence, when the equity of the claim made * * * is, under the contract, in favor of the insured.” Lyon v. Insurance Co., 55 Mich. 141 ( 54 Am.

1921Lyon v. Insurance Co., 55 Mich. 141 ; Jones v. Assurance Co., 120 Mich. 211 ; Lord v. Protective Society, 129 Mich. 335 ; Staffan v. Cigarmakers’ Union, 204 Mich. 1 .

2022Estate of Voutsaras v Bender, 326 Mich App 667, 676 ; 929 NW2d 809 (2019).

2022Estate of Voutsaras v Bender, 326 Mich App 667, 676 ; 929 NW2d 809 (2019).

2021Possible adverse effects of the change on their property create in them such an interest in the subject matter as to entitle them to maintain an action for that purpose. [Id. at 607 (emphasis added).] Because the plaintiffs owned adjacent property, they had “an interest which would entitle them to maintain an action to challenge the validity of the amendment once it is adopted . . . and the courts have jurisdiction to entertain such actions.” Id. at 608 .

2016This doctrine is sometimes spoken of as ‘legal subrogation,’ and has long been applied by courts of equity. [French v Grand Beach Co, 239 Mich 575, 580 ; 215 NW 13 (1927), citing Stroh v O’Hearn, 176 Mich 164, 177 ; 142 NW 865 (1913).] More recently, our Supreme Court emphasized that “[e]quitable subrogation is a flexible, elastic doctrine of equity,” the application of which “should and must proceed on the case-by-case analysis characteristic of equity jurisprudence.” Hartford Accident & Indemnity Co, 461 Mich at 215 (citation omitted).

2016This doctrine is sometimes spoken of as ‘legal subrogation,’ and has long been applied by courts of equity. [French v Grand Beach Co, 239 Mich 575, 580 ; 215 NW 13 (1927), citing Stroh v O’Hearn, 176 Mich 164, 177 ; 142 NW 865 (1913).] More recently, our Supreme Court emphasized that “[e]quitable subrogation is a flexible, elastic doctrine of equity,” the application of which “should and must proceed on the case-by-case analysis characteristic of equity jurisprudence.” Hartford Accident & Indemnity Co, 461 Mich at 215 (citation omitted).

2016A well-established equity principle is “ ‘that one who seeks the aid of equity must come in with clean hands.’ ” Rose v Nat’l Auction Group, Inc, 466 Mich 453, 463 ; 646 NW2d 455 (2002), quoting Stachnik v Winkel, 394 Mich 375, 382 ; 230 NW2d 529 (1975).

2016A well-established equity principle is “ ‘that one who seeks the aid of equity must come in with clean hands.’ ” Rose v Nat’l Auction Group, Inc, 466 Mich 453, 463 ; 646 NW2d 455 (2002), quoting Stachnik v Winkel, 394 Mich 375, 382 ; 230 NW2d 529 (1975).

2016A well-established equity principle is “ ‘that one who seeks the aid of equity must come in with clean hands.’ ” Rose v Nat’l Auction Group, Inc, 466 Mich 453, 463 ; 646 NW2d 455 (2002), quoting Stachnik v Winkel, 394 Mich 375, 382 ; 230 NW2d 529 (1975).

2016A well-established equity principle is “ ‘that one who seeks the aid of equity must come in with clean hands.’ ” Rose v Nat’l Auction Group, Inc, 466 Mich 453, 463 ; 646 NW2d 455 (2002), quoting Stachnik v Winkel, 394 Mich 375, 382 ; 230 NW2d 529 (1975).

2016This doctrine is sometimes spoken of as ‘legal subrogation,’ and has long been applied by courts of equity. [French v Grand Beach Co, 239 Mich 575, 580 ; 215 NW 13 (1927), citing Stroh v O’Hearn, 176 Mich 164, 177 ; 142 NW 865 (1913).] More recently, our Supreme Court emphasized that “[e]quitable subrogation is a flexible, elastic doctrine of equity,” the application of which “should and must proceed on the case-by-case analysis characteristic of equity jurisprudence.” Hartford Accident & Indemnity Co, 461 Mich at 215 (citation omitted).

2016This doctrine is sometimes spoken of as ‘legal subrogation,’ and has long been applied by courts of equity. [French v Grand Beach Co, 239 Mich 575, 580 ; 215 NW 13 (1927), citing Stroh v O’Hearn, 176 Mich 164, 177 ; 142 NW 865 (1913).] More recently, our Supreme Court emphasized that “[e]quitable subrogation is a flexible, elastic doctrine of equity,” the application of which “should and must proceed on the case-by-case analysis characteristic of equity jurisprudence.” Hartford Accident & Indemnity Co, 461 Mich at 215 (citation omitted).

2006A proviso exists that equitable subrogation “will not be enforced where it will work injustice to the rights of those having equal equities.” Bd of Co Rd Comm’rs of Calhoun Co v Southern Surety Co, 216 Mich 528, 533 ; 185 NW 755 (1921) (quotation and citation omitted).

2006A proviso exists that equitable subrogation “will not be enforced where it will work injustice to the rights of those having equal equities.” Bd of Co Rd Comm’rs of Calhoun Co v Southern Surety Co, 216 Mich 528, 533 ; 185 NW 755 (1921) (quotation and citation omitted).

1999It is well-established that the subrogee acquires no greater rights than those possessed by the subrogor, and that the subrogee may not be a “mere volunteer.” Smith v Sprague, 244 Mich 577, 579-580 ; 222 NW 207 (1928); Foremost Life Ins Co v Waters, 88 Mich App 599, 603 ; 278 NW2d 688 (1979), rev’d on other grounds 415 Mich 303 ; 329 NW2d 688 (1982). [Commercial Union Ins Co v Medical Protective Co, 426 Mich 109, 117 ; 393 NW2d 479 (1986) (opinion of WILLIAMS, C.J.).] Equitable subrogation is a flexible, elastic doctrine of equity. 5 Atlanta Int’l Ins Co v Bell, 438 Mich 512, 521 ; 475 NW2d 29

1999It is well-established that the subrogee acquires no greater rights than those possessed by the subrogor, and that the subrogee may not be a “mere volunteer.” Smith v Sprague, 244 Mich 577, 579-580 ; 222 NW 207 (1928); Foremost Life Ins Co v Waters, 88 Mich App 599, 603 ; 278 NW2d 688 (1979), rev’d on other grounds 415 Mich 303 ; 329 NW2d 688 (1982). [Commercial Union Ins Co v Medical Protective Co, 426 Mich 109, 117 ; 393 NW2d 479 (1986) (opinion of WILLIAMS, C.J.).] Equitable subrogation is a flexible, elastic doctrine of equity. 5 Atlanta Int’l Ins Co v Bell, 438 Mich 512, 521 ; 475 NW2d 29

1999It is well-established that the subrogee acquires no greater rights than those possessed by the subrogor, and that the subrogee may not be a “mere volunteer.” Smith v Sprague, 244 Mich 577, 579-580 ; 222 NW 207 (1928); Foremost Life Ins Co v Waters, 88 Mich App 599, 603 ; 278 NW2d 688 (1979), rev’d on other grounds 415 Mich 303 ; 329 NW2d 688 (1982). [Commercial Union Ins Co v Medical Protective Co, 426 Mich 109, 117 ; 393 NW2d 479 (1986) (opinion of WILLIAMS, C.J.).] Equitable subrogation is a flexible, elastic doctrine of equity. 5 Atlanta Int’l Ins Co v Bell, 438 Mich 512, 521 ; 475 NW2d 29

1999It is well-established that the subrogee acquires no greater rights than those possessed by the subrogor, and that the subrogee may not be a “mere volunteer.” Smith v Sprague, 244 Mich 577, 579-580 ; 222 NW 207 (1928); Foremost Life Ins Co v Waters, 88 Mich App 599, 603 ; 278 NW2d 688 (1979), rev’d on other grounds 415 Mich 303 ; 329 NW2d 688 (1982). [Commercial Union Ins Co v Medical Protective Co, 426 Mich 109, 117 ; 393 NW2d 479 (1986) (opinion of WILLIAMS, C.J.).] Equitable subrogation is a flexible, elastic doctrine of equity. 5 Atlanta Int’l Ins Co v Bell, 438 Mich 512, 521 ; 475 NW2d 29

1968The case of Nowack v. Auditor General (1928), 243 Mich 200 ( 60 ALR 1351 ), remains the definitive law of this State and has been employed by other jurisdictions to assist in resolving problems similar to *206 the present one. 2 Plaintiff there was the manager and editor of a newspaper which sold news to the people, and he sought to inspect the records of the defendant with the lawful purpose 3 of publishing a true and fair statement of the expenditure of public money.

1968The case of Nowack v. Auditor General (1928), 243 Mich 200 ( 60 ALR 1351 ), remains the definitive law of this State and has been employed by other jurisdictions to assist in resolving problems similar to *206 the present one. 2 Plaintiff there was the manager and editor of a newspaper which sold news to the people, and he sought to inspect the records of the defendant with the lawful purpose 3 of publishing a true and fair statement of the expenditure of public money.

1968Aiken v. Gonser (1955), 342 Mich 29, 35 ; Porter v. Landis (1950), 329 Mich 76 .

1968Aiken v. Gonser (1955), 342 Mich 29, 35 ; Porter v. Landis (1950), 329 Mich 76 .

1968Aiken v. Gonser (1955), 342 Mich 29, 35 ; Porter v. Landis (1950), 329 Mich 76 .

1968Aiken v. Gonser (1955), 342 Mich 29, 35 ; Porter v. Landis (1950), 329 Mich 76 .

1965That probate orders may be attacked for fraud was settled as far back as Ewing v. Lamphere, 147 Mich 659, 663 . 2 We do not decide whether, under current court rules, a properly prepared, duly supported, and legally unmet motion for summary judgment should be granted as against this bill.

1940We decline to base the decision on this point because this court has not spoken for nearly 18 years on the question of the right of peaceful picketing (Schwartz v. Cigar Makers International Union, 219 Mich. 589 ), and we believe it would better serve the bench and bar to base the decision on that one issue.

1934Co., 230 Mich. 349, 353 . *373 “A forfeiture is not favored either at law or in equity and a provision for it in a contract will he strictly construed and courts will find a waiver upon slight evidence, when the equity of the claim made * * * is, under the contract, in favor of the insured.” Smith v. Independent Order of Foresters, 245 Mich. 128.

1934Co., 230 Mich. 349, 353 . *373 “A forfeiture is not favored either at law or in equity and a provision for it in a contract will he strictly construed and courts will find a waiver upon slight evidence, when the equity of the claim made * * * is, under the contract, in favor of the insured.” Smith v. Independent Order of Foresters, 245 Mich. 128.

1921Lyon v. Insurance Co., 55 Mich. 141 ; Jones v. Assurance Co., 120 Mich. 211 ; Lord v. Protective Society, 129 Mich. 335 ; Staffan v. Cigarmakers’ Union, 204 Mich. 1 .

1921Lyon v. Insurance Co., 55 Mich. 141 ; Jones v. Assurance Co., 120 Mich. 211 ; Lord v. Protective Society, 129 Mich. 335 ; Staffan v. Cigarmakers’ Union, 204 Mich. 1 .

1921Lyon v. Insurance Co., 55 Mich. 141 ; Jones v. Assurance Co., 120 Mich. 211 ; Lord v. Protective Society, 129 Mich. 335 ; Staffan v. Cigarmakers’ Union, 204 Mich. 1 .

1868Whether, therefore, the statute be regarded as a technical bar, or be adopted from analogy, or whether the case be one of concurrent or exclusive jurisdiction, I think the limitation ought to be applied. — Stearns v. Page, 7 How. 819 .