APPICELLI SALES AND SERVICE, INC. v. CITIZENS MUT. INS. CO.

Docket No. 11576.

40 Mich. App. 287 (1972)

199 N.W.2d 242

APPICELLI SALES AND SERVICE, INC. v. CITIZENS MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided April 27, 1972.


Attorney(s) appearing for the Case

Jennings & DeVries, for plaintiff.

Menmuir & Zimmerman, for defendant.

Before: T.M. BURNS, P.J., and FITZGERALD and DANHOF, JJ.


Leave to appeal denied, 388 Mich. 769.

DANHOF, J.

The plaintiff brought this action seeking a declaratory judgment that there was coverage under a policy of insurance and that the defendant had a duty to defend it in a pending action. The trial court granted the judgment; however, we are compelled to reverse.

Appicelli Sales and Service, Inc., was hired by Transco Northwest, Inc., to unload a mechanical cherry picker from a flatbed trailer. This operation...

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