FOREMOST INS. v. ALLSTATE INS.

Docket No. 89808, (Calendar No. 6).

439 Mich. 378 (1992)

486 N.W.2d 600

FOREMOST INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY

Supreme Court of Michigan.

Decided May 15, 1992.


Attorney(s) appearing for the Case

Willingham & Cote, P.C. (by Curtis R. Hadley and John A. Yeager), for the plaintiff.

Denenberg, Tuffley, Bocan, Jamieson, Black, Hopkins & Ewald, P.C. (by Curt A. Benson and Jeffrey R. Learned), for the defendant.

Amici Curiae:

O'Reilly, Rancilio, Nitz, Andrews & Turnbull, P.C. (by Neil J. Lehto), for General Motors Acceptance Corporation.

Gross & Nemeth (by James G. Gross) for Auto Club Insurance Association and Castle Insurance Company.

Strobl & Manoogian, P.C. (by Brian C. Manoogian and Brian M. Gottry), for Chrysler Credit Corporation.


RILEY, J.

We granted leave to appeal to resolve a conflict in the Court of Appeals1 over whether a lienholder may recover under a loss payable clause where the insured breached an insurance contract by intentionally destroying his property and misrepresenting the loss to his insurer.2 In cases involving nearly identical loss payable clauses, two Court of Appeals panels...

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