AUTO-OWNERS INS. CO. v. GARDIPEY

Docket No. 106686.

173 Mich. App. 711 (1988)

434 N.W.2d 220

AUTO-OWNERS INSURANCE COMPANY v. GARDIPEY

Michigan Court of Appeals.

Decided December 19, 1988.


Attorney(s) appearing for the Case

Morrison & Coggins, S.C. (by Kim A. Coggins), for plaintiff.

Petrucelli & Petrucelli, P.C. (by Joseph C. Sartorelli), for defendants DePotsie.

Before: GRIBBS, P.J., and CYNAR and J.T. KALLMAN, JJ.


CYNAR, J.

This case involves a declaratory action brought by plaintiff Auto-Owners Insurance Company to determine if plaintiff had a duty to defend its insured, Brian Keith Gardipey, in an underlying civil action. Defendants James and Deborah DePotsie, as next friend of their ten-year-old son, appeal as of right from the trial court's February 8, 1988, order granting plaintiff summary disposition. We affirm.

Plaintiff issued a homeowner's insurance policy...

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