Can the state, after granting an insurance agent’s license to a man convicted of a felony, revoke it several years later on the basis that the state Insurance Code barred the state from granting the license in the first place?
That is the question the Michigan Supreme Court will consider in a case it will hear on October 19 in Adrian as part of the “Court Community Connections” program.
The plaintiff in King v State of Michigan applied for a state license to act as a resident insurance producer, or insurance agent, in 2004.
At the time, he disclosed his felony conviction in 2000 for operating a vehicle under the influence of liquor, third offense.
The state Office of Financial and Insurance Services granted the license, but in 2008, OFIS sought to revoke it, contending that the staff who reviewed the plaintiff’s license application used outdated standards.
OFIS stated that, under the clear terms of the Michigan Insurance Code at the time of the 2004 application, the license should never have been granted to a person convicted of a felony.
But the circuit court and Court of Appeals both ruled in favor of the insurance agent, with the Court of Appeals stating that “principles of equity” prevented OFIS from revoking the license on the basis of a claimed mistake.
The Supreme Court, which normally hears oral arguments at the Michigan Hall of Justice in Lansing, will hear oral argument in King v State of Michigan at Siena Heights University as part of “Court Community Connections,” a Supreme Court program aimed principally at high school students.
Students from Lenawee County high schools, Siena Heights University, Adrian College, and Jackson Community College will attend the court session in the university’s Francoeur Theater.
Students and teachers will study the case in advance with the help of local judges and attorneys.
Following the argument, the students will meet with the attorneys in the case for a debriefing.
“The goal of Court Community Connections is to introduce the Supreme Court to students and communities throughout Michigan,” said Chief Justice Marilyn Kelly.
She said the court holds orgal argument in locations outside Lansing twice a year.
“The communities that have hosted us for these programs have been unfailingly gracious and supportive, and Lenawee County is no exception,” she said. “The court thanks Siena Heights University, Lenawee County judges, court staff, and area attorneys, the Lenawee and Monroe Intermediate School Districts, Adrian College, Jackson Community College, and community educators and students for making this event possible.”
Lenawee County 39th Judicial Circuit Judge Margaret M. S. Noe said most citizens have some understanding of what goes on in a trial court but fewer understand the appellate courts.
“By inviting the Michigan Supreme Court to Lenawee County,” she said, “we hope students, teachers, parents, and community alike will have a better grasp of the courts and justice system in everyday life.”
––––––––––––––––––––
Subscribe to the Legal News!
http://www.legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
