FENTON COUNTRY HOUSE, INC. v. AUTO-OWNERS INS. CO.

Docket No. 22296.

63 Mich. App. 445 (1975)

234 N.W.2d 559

FENTON COUNTRY HOUSE, INC. v. AUTO-OWNERS INSURANCE COMPANY

Michigan Court of Appeals.

Decided August 14, 1975.


Attorney(s) appearing for the Case

Jerome F. O'Rourke, for plaintiff.

Rubenstein, Pruchnicki & Chittle, for defendant.

Before: QUINN, P.J., and BRONSON and N.J. KAUFMAN, JJ.


BRONSON, J.

Defendant appeals a directed verdict of liability at the close of its opening statement to the jury, which was granted for (1) indefiniteness and lack of particularity in the allegations of arson by defendant in its pleadings and (2) omission in the opening statement of a proposition of fact essential to relief.

Plaintiff's complaint alleged that defendant issued a fire insurance policy on certain...

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