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MICH. MUTUAL INS. CO. v. HOME MUTUAL INS. CO.

Docket No. 54615.

108 Mich. App. 274 (1981)

310 N.W.2d 362

MICHIGAN MUTUAL INSURANCE COMPANY v. HOME MUTUAL INSURANCE COMPANY.

Michigan Court of Appeals.

Decided July 28, 1981.

Attorney(s) appearing for the Case

Thomas & Delaney, for plaintiff.

Smith & Brooker, P.C. (by Donald G. Rockwell), for defendant.

Before: BEASLEY, P.J., and M.J. KELLY and N.A. BAGULEY, JJ.

M.J. KELLY, J.

Plaintiff, Michigan Mutual Insurance Company, appeals as of right from an order granting accelerated judgment, GCR 1963, 116.1(5), to defendant Home Mutual Insurance Company. The judgment as rendered effectively barred further prosecution of the plaintiff's claim for reimbursement of benefits mistakenly paid to the injured person whose first recourse for benefits should have been to defendant.

On September 29, 1976, Raymond Eastham was injured...

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