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ROWBOTHAM v. DAIIE

Docket No. 22700.

69 Mich. App. 142 (1976)

244 N.W.2d 389

ROWBOTHAM v. DETROIT AUTOMOBILE INTER-INSURANCE EXCHANGE

Michigan Court of Appeals.

Decided May 27, 1976.

Attorney(s) appearing for the Case

Sanford Kesten, for plaintiff.

Dice, Sweeney & Sullivan, P.C. (by Kenneth B. Howard, Jr.), for Detroit Automobile Inter-Insurance Exchange.

Before: D.E. HOLBROOK, P.J., and BRONSON and D.C. RILEY, JJ.

D.C. RILEY, J.

Plaintiffs appeal a Wayne County Circuit Court order of summary judgment, apparently issued because the court believed plaintiffs had not stated a cause of action. GCR 1963, 117.2(1).

In 1969, defendant issued an automobile insurance policy to plaintiffs, but cancelled the policy when plaintiffs failed to pay the premiums. Despite the cancellation, plaintiffs submitted a claim to defendant for...

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