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AUTO-OWNERS v. CHURCHMAN

Docket No. 111038.

184 Mich. App. 699 (1990)

459 N.W.2d 24

AUTO-OWNERS INSURANCE COMPANY v. CHURCHMAN

Michigan Court of Appeals.

Decided April 9, 1990.

Attorney(s) appearing for the Case

Plunkett & Cooney, P.C. (by Robert G. Kamenec and Charles Gano), for Auto-Owners Insurance Company.

Burns & Spanos (by George D. Spanos), for the Estate of Henry Gordon Frost, Jr., deceased.

Stedman, Fershee & Eckhold (by David W. Fershee), for Leslie J. Kalchik, individually and as next friend for Todd Allen Ferguson.

Stroup, Johnson & Tresidder, P.C. (by Stephen J. Tresidder), for Beulah Marie Churchman, individually and as personal representative of the estate of Gary Wayne Churchman, deceased, and as next friend for Amber Rose Lynn Churchman and Brandon James Churchman.

Before: BRENNAN, P.J., and MICHAEL J. KELLY and CYNAR, JJ.

PER CURIAM.

In this action for declaratory relief, plaintiff appeals by leave granted from an order denying plaintiff's motion for summary disposition entered on July 26, 1988, by the Emmet Circuit Court. MCR 2.116(C)(10).

Plaintiff argues that it does not owe its insured, the estate of Henry Gordon Frost, Jr., deceased, a duty to defend it in the underlying tort action, or a duty to indemnify it for any judgment rendered against it in that underlying suit...

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