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AUTO-OWNERS INS. CO. v. HARRINGTON

Docket No. 156446.

212 Mich. App. 682 (1995)

538 N.W.2d 106

AUTO-OWNERS INSURANCE COMPANY v. HARRINGTON

Michigan Court of Appeals.

Decided August 18, 1995, at 9:05 A.M.

Attorney(s) appearing for the Case

Thomas D. Rinehart, P.C. (by Thomas D. Rinehart), for the plaintiff.

Nicholson, Fletcher, West & DeGrow, P.C. (by Gary A. Fletcher and Mark G. Clark), for James and Marion Harrington.

Dixon & Majkowski, P.C. (by James P. Majkowski), for Sydney Tew, as personal representative of the estate of Brian Tew, deceased.

Before: JANSEN, P.J., and MICHAEL J. KELLY and HOOD, JJ.

JANSEN, P.J.

This is a declaratory judgment action brought by plaintiff to determine whether it is liable to provide insurance coverage to James and Marion Harrington under their homeowner's insurance policy. The trial court declared that plaintiff was liable to defend and indemnify under the policy in a wrongful death action resulting from James Harrington's shooting of Brian Tew. We reverse and remand.

On August 1, 1989, in the City of Fair Haven, James...

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