Mich. Court Orders New Jury Trial on Damages in Coverage Case

TROY, Mich. - A Michigan appellate court has ordered a new jury trial on damages in an insurance coverage case, but affirmed the lower court's finding that the insurer breached its contractual duty to defend its insured against allegations arising from a mold remediation. Aladdin's Carpet Cleaning Inc. v. Farm Bureau General Insurance Co.,, No. 278605 (Mich. Ct. App.).

The Court of Appeals said in its Feb. 12 unpublished opinion that the trial court erred in treating the damages issue as a request for attorneys' fees when the insured sought contract damages, as well.

Aladdin's Carpet Cleaning Inc. (d/b/a …