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MICH. MUT. INS. CO. v. ALLSTATE INS. CO.

Docket No. 77689.

146 Mich. App. 475 (1985)

382 N.W.2d 169

MICHIGAN MUTUAL INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY

Michigan Court of Appeals.

Decided October 21, 1985.

Attorney(s) appearing for the Case

Fitzgerald, Hodgman, Kazul, Rutledge, Cawthorne & King, P.C. (by Terry L. Christopher), for plaintiff.

Garan, Locow, Miller, Lehman, Seward & Cooper, P.C. (by James L. Borin), for defendant.

Before: M.J. KELLY, P.J., and MacKENZIE and N.J. KAUFMAN, JJ.

M.J. KELLY, P.J.

Plaintiff appeals as of right from an order of summary judgment dismissing its claim for partial recoupment of no-fault benefits paid on behalf of Donna Ritchey. We decline to follow the rule of priority announced in Martin v DAIIE, 135 Mich.App. 588; 354 N.W.2d 267 (1983), and we reverse.

Donna Ritchey was...

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