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CUNNINGHAM v. CITIZENS INS. CO.

Docket Nos. 70392, 70573.

133 Mich. App. 471 (1984)

350 N.W.2d 283

CUNNINGHAM v. CITIZENS INSURANCE COMPANY OF AMERICA CUNNINGHAM v. AUTO-OWNERS INSURANCE COMPANY

Michigan Court of Appeals.

Decided April 2, 1984.

Attorney(s) appearing for the Case

William R. Oudsema, for plaintiff.

Lilly, Domeny & Durant, P.C. (by Jeffrey E. Gwillim and Terrence J. Lilly), and Dykema, Gossett, Spencer, Goodnow & Trigg (by Robert H. Gorlin and Richard A. Barr), for Citizens Insurance Company of America.

Howard & Howard, P.C. (by James H. Geary), for Auto-Owners Insurance Company.

Early, Lennon, Peters & Crocker (by John T. Peters, Jr.), for Aetna Life Insurance Company.

Before: R.B. BURNS, P.J., and V.J. BRENNAN and J.T. KALLMAN, JJ.

J.T. KALLMAN, J.

Plaintiff filed his action in Docket No. 70392 in the Kalamazoo County Circuit Court, seeking no-fault insurance benefits. Citizens Insurance Company of America resisted the claim, contending that plaintiff was not covered by a policy of no-fault insurance. Plaintiff moved for summary judgment pursuant to GCR 1963, 117.2, subds (1), (2), and (3). After a hearing, the trial court granted plaintiff's motion under GCR 1963, 117.2(3). Citizens now appeals...

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