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SMORCH v. AUTO CLUB GROUP INS.

Docket No. 110301.

179 Mich. App. 125 (1989)

445 N.W.2d 192

SMORCH v. AUTO CLUB GROUP INSURANCE COMPANY

Michigan Court of Appeals.

Decided August 7, 1989.

Attorney(s) appearing for the Case

Nill, Kirby & Rockwell, P.C. (by Lawrence E. Nill), for plaintiff.

Gault, Davidson, Bowers & Hill (by Guy H. Hill), and MacArthur, Cheatham & Acker, P.C. (by James C. Gross and Mary T. Nemeth), for defendant.

Before: WAHLS, P.J., and DOCTOROFF and BRENNAN, JJ.

DOCTOROFF, J.

Defendant Auto Club Group Insurance Company appeals from a July 7, 1988, order denying its motion for summary disposition and requiring Auto Club to defend plaintiff in a pending civil lawsuit alleging assault and battery. Finding that Auto Club has no duty to defend plaintiff, we reverse.

In a related case, plaintiff was criminally charged with aggravated assault as a result of an incident with...

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