St. Paul Fire & Marine Ins. Co. v. Littky, Docket No. 20958

• Decision Date: 09 April 1975
• Docket Number: Docket No. 20958,No. 1,1
• Citation: 60 Mich.App. 375,230 N.W.2d 440
• Parties: ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Foreign Corporation, Plaintiff-Appellant, v. Marvin S. LITTKY et al., Defendants-Appellees
• Court: Court of Appeal of Michigan — District of US

Page 440

230 N.W.2d 440

60 Mich.App. 375

ST. PAUL FIRE & MARINE INSURANCE COMPANY, a Foreign Corporation, Plaintiff-Appellant, v. Marvin S. LITTKY et al., Defendants-Appellees.

Docket No. 20958.

Court of Appeals of Michigan, Division No. 1.

April 9, 1975.

Released for Publication June 26, 1975.

Manuel Zechman, Detroit, for plaintiff-appellant.

Jeffrey M. Mallon, Detroit, for Littky & Mallon.

Lawrence S. Katkowsky, Southfield, for Williams.

Before R. B. BURNS, P.J., and T. M. BURNS and MAHER, JJ.

PER CURIAM.

Plaintiff insurance company filed a complaint in Wayne County Circuit Court seeking a declaratory judgment with respect to its liability under an insurance policy issued to Littky & Mallon, P.C., a law firm, insuring that firm for any liability it might incur under the workmen's compensation law of this State. Louis E. Williams, an employee of the firm, was also named a defendant, as were the individual partners of the firm.

The complaint alleges that defendant Williams has filed a petition with the Workmen's Compensation Bureau seeking compensation for injuries received while in the course of his employment with Littky & Mallon, P.C. The complaint further alleges that at the time of the injury Williams was engaged in the practice of law although he has never been licensed to practice law in this state. Plaintiff claims, therefore, that under a clause in the policy which states that the insurer shall not be liable for compensation for any employee employed in violation of law, it is not liable to defendants.

An order to show cause was issued as well as a temporary restraining order enjoining all of the defendants and the Workmen's Compensation Bureau from proceeding on the workmen's compensation petition. Defendants then filed motions for summary judgment pursuant to GCR 1963, 117.2(1) claiming that 'as a matter of law plaintiff's only forum for a determination of its rights, etc. under the terms of its policy is the Workmen's Compensation Department'. After a hearing on the motions was held, the circuit court, on May 15, 1974, issued an opinion in which it concluded that the 'Workmen's Compensation Department' is the proper forum to determine the rights and liabilities of the parties. An order in accordance with this opinion was entered on June 25, 1974, from which plaintiff appeals as of right.

We note at the outset that to the extent that the trial court's opinion and order state that the circuit court is without jurisdiction to consider the dispute, the proper motion to be brought and granted was one for accelerated judgment pursuant to GCR 1963, 116.1(2), which states that 'the court lacks jurisdiction of the subject matter'. We shall treat the motion granted as one for accelerated judgment pursuant to the aforementioned court rule. ¹

Plaintiff claims that the Workmen's Compensation Bureau is without jurisdiction in this matter and that the proper forum for consideration of its complaint is the circuit court. We disagree. M.C.L.A. § 418.841; M.S.A. § 17.237(841) provides that:

'Any controversy concerning compensation shall be submitted to the bureau and All questions arising under this act shall be determined by the bureau * * *' (Emphasis added.)

We read this language to mean that the resolution of all disputes relating to...