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ELBODE v. ALLSTATE INS. CO.

Docket No. 76453.

147 Mich. App. 390 (1985)

383 N.W.2d 209

ELBODE v. ALLSTATE INSURANCE COMPANY

Michigan Court of Appeals.

Decided December 2, 1985.

Attorney(s) appearing for the Case

Coticchio, Zotter & Sullivan, P.C. (by Stephen A. Coticchio), for plaintiff.

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by James L. Borin), and Gromek, Bendure & Thomas (by Nancy L. Bosh), of counsel, and James G. Gross, of counsel, for defendant.

Before: D.E. HOLBROOK, JR., P.J., and T.M. BURNS and W.J. CAPRATHE, JJ.

W.J. CAPRATHE, J.

Plaintiff counter-defendant Elbode, individually, appeals as of right from the trial court's grant of summary judgment for defendant counter-plaintiff Allstate on its counterclaim. The judgment ordered Elbode to reimburse Allstate for no-fault survivor benefits paid as a result of Elbode's wife's death.

We confront an issue of first impression in Michigan. Does MCL 500.3177; MSA 24.13177 require the owner of an uninsured motor vehicle not...

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