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COMPTON v. MICH. MILLERS MUT. INS. CO.

Docket No. 76188.

150 Mich. App. 454 (1986)

389 N.W.2d 111

COMPTON v. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided April 8, 1986.

Attorney(s) appearing for the Case

William E. Montgomery, for plaintiffs.

Cholette, Perkins & Buchanan (by Robert J. Riley and Robert E. Attmore), for defendant.

Before: BEASLEY, P.J., and R.M. MAHER and R.L. TAHVONEN, JJ.

PER CURIAM.

In this breach of contract case, the trial court granted defendant's motion for accelerated judgment, GCR 1963, 116.1(5), now MCR 2.116(C)(7), finding that plaintiff had failed to file suit within one year of the loss and had failed to file a proof of loss statement within 60 days of the loss, MCL 500.2832; MSA 24.12832. We reverse.

On June 28, 1979, a fire completely destroyed plaintiffs' cottage in Shelby, Michigan. The building was insured under...

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