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FIRE INS. EXCHANGE v. FOX

Docket No. 98639.

167 Mich. App. 710 (1988)

423 N.W.2d 325

FIRE INSURANCE EXCHANGE v. FOX

Michigan Court of Appeals.

Decided April 5, 1988.

Attorney(s) appearing for the Case

Vandeveer, Garzia, Tonkin, Kerr, Heaphy, Moore, Sills & Poling, P.C. (by Robert D. Brignall), for plaintiff.

Vivian A. Phillips, for defendant Fox.

Before: D.E. HOLBROOK, JR., P.J., and H. HOOD and N.J. KAUFMAN, JJ.

PER CURIAM.

Plaintiff in this case filed a declaratory judgment action in which plaintiff claimed an exclusionary provision in its insurance contract applied so that it had no duty to defend defendant James Fox in an underlying tort action. Defendant Fox appeals from the trial court's order granting plaintiff's motion for summary disposition pursuant to MCR 2.116(C)(10).

Michael K. Daly was seriously injured when the

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