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VAN MARTER v. AMER. FIDELITY FIRE INS. CO.

Docket No. 51813.

114 Mich. App. 171 (1982)

318 N.W.2d 679

VAN MARTER v. AMERICAN FIDELITY FIRE INSURANCE COMPANY

Michigan Court of Appeals.

Decided March 17, 1982.

Attorney(s) appearing for the Case

Frank R. Langton & Associates, P.C. (by Maureen McBride), for plaintiff.

Simon, Fried, Cohn & Saperstein, for defendant.

Before: CYNAR, P.J., and M.J. KELLY and D.C. RILEY, JJ.

M.J. KELLY, J.

Defendant appeals from the trial court's denial of its motion for summary judgment pursuant to GCR 1963, 117.2(1) and its grant of partial summary judgment in favor of the plaintiff. Defendant's delayed application for leave to appeal was granted by order entered December 5, 1980.

According to the stipulated statement of facts, Orval Van Marter, born sometime in 1946, was seriously and permanently injured as a result of an automobile accident...

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