Owners Insurance Company, a Michigan Corporation, Petitioner v. Da — Samour, J., Concurring in Part and Dissenting…

Summary

Justice Samour concurred in part and dissented in part, agreeing that the contingent-fee cap agreement did not establish the appraiser's partiality as a matter of law but rejecting the conclusion that the policy barred appraisers from advocating for or favoring the party that selected them. He would interpret the appraisal provision as regulating the parties' selection of unbiased appraisers, not the appraisers' conduct during the appraisal process. Justice Samour would have affirmed the division's judgment on other grounds, and Chief Justice Coats joined this separate opinion.