STATE MUTUAL CYCLONE INS. CO. v. ABBOTT

Docket No. 17175.

52 Mich. App. 103 (1974)

216 N.W.2d 606

STATE MUTUAL CYCLONE INSURANCE COMPANY v. ABBOTT

Michigan Court of Appeals.

Decided March 7, 1974.


Attorney(s) appearing for the Case

Robert P. Keil, for plaintiff.

Walter L. Leech, for defendants Morris A. Abbott and Thelma Abbott.

Benton, Hicks, Beltz, Behm & Nickola, for defendants Ray K. Noonon and Judith Noonon.

Before: J.H. GILLIS, P.J., and HOLBROOK and DENEWETH, JJ.


J.H. GILLIS, P.J.

State Mutual Cyclone Insurance Co. sought a declaratory judgment finding it had no duty to defend or pay damages possibly assessable against its insureds, Morris and Thelma Abbott, in a pending negligence action. State Mutual maintained that if its insured Morris Abbott did strike a spooky horse with a rasp, homeowner's policy coverage was excluded. The insurer claimed such activity would be pursuant to Abbott's horseshoeing business and not "ordinarily...

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