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AUTO-OWNERS INS. v. WINTER

Docket No. 118264.

188 Mich. App. 230 (1991)

469 N.W.2d 314

AUTO-OWNERS INSURANCE COMPANY v. WINTER

Michigan Court of Appeals.

Decided April 1, 1991, at 9:45 A.M.

Attorney(s) appearing for the Case

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

Emery & Bossenbrook (by Arlyn J. Bossenbrook), for Susan Brown and Jerrold Brown, personal representatives of the estate of Jeffrey Brown, deceased.

Krass & Young (by Marshall G. MacFarlane), for Dominic Spedoske, personal representative of the estate of Keith Spedoske, deceased.

Before: GILLIS, P.J., and MacKENZIE and WEAVER, JJ.

WEAVER, J.

Plaintiff, Auto-Owners Insurance Company, appeals as of right a May 25, 1989, declaratory judgment in which it was found to have a duty to defend Michael Winter in proceedings following an auto accident. We reverse.

On March 11, 1985, Denise Tyner transferred ownership of a 1977 Monte Carlo to Michael Winter. On April 5, 1985, Michael attempted to transfer this vehicle to his brother, Thomas. On April 7, 1985, Thomas Winter, while driving this car...

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