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AUTO CLUB INS. ASSOC. v. MICH. MUT. INS.

Docket No. 121734.

197 Mich. App. 275 (1992)

494 N.W.2d 822

AUTO CLUB INSURANCE ASSOCIATION v. MICHIGAN MUTUAL INSURANCE COMPANY

Michigan Court of Appeals.

Decided December 7, 1992, at 10:00 A.M.

Attorney(s) appearing for the Case

Brandt, Hanlon, Becker, Lanctot, McCutcheon, Schoolmaster & Taylor (by Karen Kulik), and Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by James G. Gross and Mary T. Nemeth), for the plaintiff.

Law Offices of Pentis, Smith & Brakora (by Patricia S. Johnson), for the defendant.

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

MICHAEL J. KELLY, P.J.

Plaintiff, Auto Club Insurance Association, appeals as of right a Wayne Circuit Court order granting defendant's motion for summary disposition pursuant to MCR 2.116(C) (8).

This is a priority dispute among insurers arising out of an accident that occurred on February 24, 1988. On that date, Luis Boutilier, during the course of his employment, was driving a Ford Bronco owned by his employer, SJS Express, Inc. The Bronco was insured by...

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