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TRANSAMERICA INS. GROUP v. AMERICAN COMMUNITY MUT. INS. CO.

Docket No. 104927.

175 Mich. App. 377 (1989)

437 N.W.2d 28

TRANSAMERICA INSURANCE GROUP v. AMERICAN COMMUNITY MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Coey, P.C. (by George M. Brookover and Ruth E. Johnson), for plaintiff.

Miller, Canfield, Paddock & Stone (by John D. Pirich and Kevin J. Moody), for defendant.

Before: SHEPHERD, P.J., and MURPHY and T. GILLESPIE, JJ.

SHEPHERD, P.J.

Defendant appeals as of right from a November 5, 1987, order granting summary disposition in favor of plaintiff on the basis that the insurance contract clauses at issue were governed by MCL 500.3109a; MSA 24.13109(1) and Federal Kemper Ins Co, Inc v Health Ins Administration, Inc, 424 Mich. 537; 383 N.W.2d 590 (1986). We affirm.

Plaintiff was the no-fault insurer...

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