LEE v. AUTO-OWNERS INS. CO.

Docket No. 134748.

201 Mich. App. 39 (1993)

505 N.W.2d 866

LEE v. AUTO-OWNERS INSURANCE COMPANY

Michigan Court of Appeals.

Decided August 2, 1993, at 9:00 A.M.


Attorney(s) appearing for the Case

Jan Paul Benedict, P.C. (by Jan Paul Benedict), for Blake Lee.

Fraser, Trebilcock, Davis & Foster, P.C. (by C. Mark Hoover), for Auto-Owners Insurance Company.

Willingham & Cote, P.C. (by Ray Foresman and Anthony S. Kogut), for Abood, Abood & Rheaume, P.C., and David P. Pasichnyk.

Before: MICHAEL J. KELLY, P.J., and MARILYN KELLY and CONNOR, JJ.


CONNOR, J.

Defendant insurance company appeals as of right1 the trial court's summary dismissal of several of its affirmative defenses. We affirm in part, reverse in part, and remand.

Plaintiff was a passenger in an automobile involved in an accident and suffered serious injuries. The driver had only the statutory minimum liability insurance coverage of $20,000 at the time of the accident. Plaintiff had underinsured motorist coverage...

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