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NAT. BEN FRANKLIN INS. CO. v. WEST

Docket No. 68136.

136 Mich. App. 436 (1984)

355 N.W.2d 922

NATIONAL BEN FRANKLIN INSURANCE COMPANY OF MICHIGAN v. WEST

Michigan Court of Appeals.

Decided August 6, 1984.

Attorney(s) appearing for the Case

Hertz & Schram, P.C. (by Gary M. Saretsky), and Lopatin, Miller, Freedman, Bluestone, Erlich, Rosen & Bartnick (by Richard E. Shaw), of counsel, for defendant, third-party plaintiffs and appellees Jack and David West.

Barbier, Goulet & Petersmarck, P.C. (by George E. Petersmarck, Jr.), for intervening defendant, third-party plaintiff, appellee and cross-appellant Lease Car of America, Inc.

Beier, Howlett, Hayward, McConnell, McCann, Jones, Kingsepp & Shea (by Pamela Gaudreau Shea), for third-party defendant, appellant and cross-appellee Detroit Automobile Inter-Insurance Exchange.

Before: R.M. MAHER, P.J., and HOOD and R.B. MARTIN, JJ.

R.B. MARTIN, J.

This case concerning rights under a contract of insurance has an involved factual situation. The parties have agreed upon the basic facts with some dispute in minor areas which do not affect the legal ramifications.

Stephen Schroeder was an account executive with Sohigian and Partners. On June 13, 1977, he leased a Pontiac Trans Am from Lease Car of America, Inc. The lessor was to provide public...

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