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RHODES v. AETNA LIFE INS. CO.

Docket No. 71537.

135 Mich. App. 735 (1984)

356 N.W.2d 247

RHODES v. AETNA LIFE INSURANCE COMPANY

Michigan Court of Appeals.

Decided June 28, 1984.

Attorney(s) appearing for the Case

Posner, Posner & Posner (by Samuel Posner and Gerald F. Posner), for plaintiff.

Dickinson, Wright, Moon, VanDusen & Freeman (by Susan Bieke Neilson, Robert P. Young, Jr., and Arthur S. Meyers, Jr.), for defendant.

Before: HOOD, P.J., and M.J. KELLY and R.C. LIVO, JJ.

M.J. KELLY, J.

Plaintiff filed this action in circuit court for the payment of group disability insurance benefits. Defendant responded with a motion for summary judgment, which the trial court treated as a motion for accelerated judgment under GCR 1963, 116.1(5), seeking dismissal of plaintiff's complaint for failure to exhaust her contractual remedies. The trial court granted accelerated judgment and denied plaintiff's motion for summary judgment brought under GCR...

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