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DOSS v. CITIZENS INS. CO.

Docket No. 79298.

146 Mich. App. 510 (1985)

381 N.W.2d 409

DOSS v. CITIZENS INSURANCE COMPANY OF AMERICA

Michigan Court of Appeals.

Decided October 21, 1985.

Attorney(s) appearing for the Case

Mellon & McCarthy (by Daniel J. McCarthy and Steve J. Weiss), for Citizens Insurance Company of America.

Garan, Lucow, Miller, Lehman, Seward & Cooper, P.C. (by James L. Borin), and James G. Gross, of counsel, for Liberty Mutual Insurance Company.

Before: D.E. HOLBROOK, JR., P.J., and BEASLEY and C.W. SIMON, JJ.

C.W. SIMON, J.

Third-party defendant Liberty Mutual Insurance Company appeals as of right from an order which granted summary judgment to the defendant/third-party plaintiff Citizens Insurance Company of America. The issue on appeal is whether an insurance company which would not be the primary insurer under the priority provisions of the no-fault statute can contract to provide primary coverage.

The facts are...

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