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FRANKENMUTH MUTUAL INS. CO. v. MARLETTE HOMES, INC.

Docket No. 181921.

555 N.W.2d 510 (1996)

219 Mich. App. 165

FRANKENMUTH MUTUAL INSURANCE COMPANY, as subrogee of Terry C. Weir and Darlene Weir, Plaintiff-Appellant, v. MARLETTE HOMES, INC., a Michigan corporation, and Coachman Industries, Inc., an Indiana corporation, as its successor in interest, jointly and severally, Defendants-Appellees.

Court of Appeals of Michigan.

Decided September 27, 1996, 9:25 a.m.

Released for Publication November 22, 1996.

Attorney(s) appearing for the Case

Buesser, Buesser, Black, Lynch, Fryhoff & Graham, P.C. by Michael J. Black and Kevin P. Kavanagh, Bloomfield Hills, for plaintiff-appellant.

Plunkett & Cooney, P.C. by Ernest R. Bazzana, Detroit, for defendants-appellees.

Before MARILYN KELLY, P.J., and WAHLS and M.R. KNOBLOCK, JJ.

MARILYN J. KELLY, Presiding Judge.

In this subrogation action, plaintiff, Frankenmuth Mutual Insurance Company, appeals as of right from a grant of summary disposition for defendants Marlette Homes, Inc. and Coachman Industries, Inc. pursuant to MCR 2.116(C)(7). Plaintiff argues that defendants are not entitled to claim the statute of repose as an affirmative defense where Marlette was not a contractor as defined by M.C...

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