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ALLSTATE INS. CO. v. TRANSAMERICA INS. CO.

Docket No. 72350.

138 Mich. App. 782 (1984)

360 N.W.2d 925

ALLSTATE INSURANCE COMPANY v. TRANSAMERICA INSURANCE COMPANY

Michigan Court of Appeals.

Decided November 7, 1984.

Attorney(s) appearing for the Case

Dykema, Gossett, Spencer, Goodnow & Trigg (by James R. Piggush), for plaintiff.

Dilley, Dewey & Waddell, P.C. (by Jonathan S. Damon), for defendant.

Before: MacKENZIE, P.J., and J.H. GILLIS and J.E. FITZGERALD, JJ.

PER CURIAM.

Plaintiff appeals as of right from an order granting summary judgment for defendant under GCR 1963, 117.2(1). Plaintiff had brought suit against defendant seeking partial recoupment from defendant, pursuant to MCL 500.3115(2); MSA 24.13115(2), for certain no-fault benefits paid by plaintiff to its insured, a Mr. Deering. The circuit court determined that plaintiff was the insurer of first priority and hence...

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