Michigan Basic Property Insurance Association v. Detroit Edison Co.
240 Mich.App. 524, 240 Mich.App. 524, 618 N.W.2d 32, 618 N.W.2d 32, MI.0043607(2000)
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Publisher Description
In the trial court, defendant asserted the defense of primary jurisdiction and argued that the trial court should defer its
jurisdiction to the Michigan Public Service Commission (MPSC). Defendant persuaded the trial court, and attempts to persuade
this Court, that under the primary jurisdiction doctrine, if a plaintiff's underlying claim against a utility is covered and
regulated by the tariffs promulgated by the MPSC, then the MPSC should be the first forum to adjudicate the claim.