KANGAS v. AETNA CASUALTY & SURETY CO.

Docket No. 21447.

64 Mich. App. 1 (1975)

235 N.W.2d 42

KANGAS v. AETNA CASUALTY & SURETY COMPANY

Michigan Court of Appeals.

Decided August 27, 1975.


Attorney(s) appearing for the Case

Wisti & Jaaskelainen (by James F. Tercha), for plaintiffs.

Strom, Butch, Quinn & Rosemurgy (by Terrill S. Jardis), for defendant.

Before: D.E. HOLBROOK, P.J., and ALLEN and D.E. HOLBROOK, JR., JJ.


Leave to appeal denied, 395 Mich. 787.

ALLEN, J.

This is a case of first impression arising out of defendant's refusal to defend the plaintiffs in a prior civil assault and battery action. Plaintiffs, against whom the jury in the prior action had reported a verdict of $12,500, filed suit February 6, 1974. Defendant countered with a motion for summary judgment. Following a hearing the trial judge rendered an opinion granting the motion and an appropriate order...

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