MICH MILLERS MUTUAL INS. CO. v. BRONSON PLATING CO.

Docket No. 123554.

197 Mich. App. 482 (1992)

496 N.W.2d 373

MICHIGAN MILLERS MUTUAL INSURANCE COMPANY v. BRONSON PLATING COMPANY

Michigan Court of Appeals.

Decided December 21, 1992, at 9:10 A.M.


Attorney(s) appearing for the Case

Willingham & Cote, P.C. (by John A. Yeager and Anthony S. Kogut), for Michigan Millers Mutual Insurance Company.

Honigman Miller Schwartz & Cohn (by Jay E. Brant, Philip A. Grashoff, Jr., and Mark A. Goldsmith) (Biringer, Hutchinson & Van Doren, P.C., by Richard F. Biringer, of Counsel), for Bronson Plating Company.

Sullivan, Ward, Bone, Tyler & Asher, P.C. (by Michelle A. Thomas and Thomas M. Slavin), for Indiana Lumbermens Mutual Insurance Company.

Franklin, Bigler, Berry & Johnston (by Steven C. Berry), for Hamilton Mutual Insurance Company.

Schureman, Frakes, Glass & Wulfmeier (by Steven M. Hickey), for Commercial Union Insurance Company.

Cummings, McClorey, Davis & Acho, P.C. (by Marcia L. Howe), for Hartford Accident & Indemnity Company.

Howard & Howard, P.C. (by Myra L. Willis), for Auto-Owners Insurance Company.

Kitch, Saurbier, Drutchas, Wagner & Kenney, P.C. (by Stephen M. Kelley,), for Indiana Insurance Company.

Miller, Canfield, Paddock & Stone (by Michael B. Ortega), for Federal Insurance Company.

Morrison, Morrison & Finley (by Kenneth W. Morrison), for Great Southwest Fire Insurance Company.

Beresh & Prokopp (by Sandra A. Prokopp), for Liberty Mutual Insurance Company.

Amicus Curiae:

Proviser, Lichtenstein, Pearlman & Phillips, P.C. (by Randall E. Phillips) (Wiley, Rein & Fielding, by Thomas W. Brunner, James M. Johnstone, James P. Anasiewicz, and Frederick S. Ansell, of Counsel), for Insurance Environmental Litigation Association.

Before: WAHLS, P.J., and MARILYN KELLY and REILLY, JJ.


WAHLS, P.J.

In this declaratory judgment action, defendant Bronson Plating Company appeals as of right from an order of the Branch Circuit Court that denied reconsideration of its earlier bench opinion and granted summary disposition to plaintiff Michigan Millers Mutual Insurance Company and the other insurers involved in the case, apparently pursuant to MCR 2.116(C)(10). The trial court held that Michigan Millers and the other insurers had no duty to defend or indemnify...

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