CYNAR, J.
On September 25, 1984, plaintiff, North River Insurance Company, filed a complaint for declaratory judgment seeking a determination that it was not required to defend or indemnify the defendant, its insured, in a probate court action for an accounting brought by a third party. On February 21, 1985, plaintiff's motion for summary judgment was granted pursuant to GCR 1963, 117.2(3), now MCR 2.116(C)(10). Defendant appeals as of right.
Defendant, Paul...
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