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CITIZENS INS. CO. v. SECURA INS.

Docket No. 274751.

755 N.W.2d 563 (2008)

279 Mich. App. 69

CITIZENS INSURANCE COMPANY, Plaintiff-Appellee, v. SECURA INSURANCE and Geraldine Irvine, Defendants-Appellants, and Andrew Gillespie, Kasey Gillespie, Barbara Lynn Salt, Personal Representative of the Estate of Alysha Lynn Salt, Deceased, Stephen Ancona, Joseph Bolanowski, Personal Representative of the Estate of Robert Bolanowski, Deceased, and Terrance Hall, Defendants.

Court of Appeals of Michigan.

Decided May 15, 2008, at 9:10 a.m.

Attorney(s) appearing for the Case

Mellon, McCarthy & Pries, P.C. (by Daniel J. McCarthy and Brian R. Harris), Troy, for Citizens Insurance Company.

Garan Lucow Miller, P.C. (by Megan K. Cavanagh), Detroit, for Secura Insurance and Geraldine Irvine.

Before: ZAHRA, P.J., and WHITE and O'CONNELL, JJ.

ZAHRA, P.J.

In this action for a declaratory judgment arising out of a fatal automobile accident, defendants Secura Insurance and Geraldine Irvine, Secura's insured, appeal as of right from the trial court's order granting plaintiff Citizens Insurance Company's motion for summary disposition under MCR 2.116(C)(10). The trial court determined that Secura owed defendant Andrew Gillespie, Citizens' insured, a duty to defend and indemnify in regard to underlying actions...

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