AUTO-OWNERS INS. CO. v. HARVEY

Docket No. 180869.

556 N.W.2d 517 (1996)

219 Mich. App. 466

AUTO-OWNERS INSURANCE COMPANY, a Michigan Corporation, Plaintiff-Appellant, v. The Estate of James HARVEY Jr., Deceased, by Timothy Harvey, Personal Representative, Defendant-Appellee.

Court of Appeals of Michigan.

Decided October 15, 1996, at 9:10 a.m.

Released for Publication December 23, 1996.


Attorney(s) appearing for the Case

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. by James L. Borin and Mark C. Smiley, Detroit, for plaintiff-appellant.

Thurswell, Chayet & Weiner by Tammy J. Reiss, Southfield, for defendant-appellee.

Before MARK J. CAVANAGH, P.J., and HOOD and J.J. McDONALD, JJ.


PER CURIAM.

Plaintiff, Auto-Owners Insurance Company, appeals as of right from the trial court order granting declaratory judgment in favor of defendant. On appeal, plaintiff argues that the trial court clearly erred in granting declaratory judgment for defendant because the decedent, James Harvey, Jr., was not an "insured" entitled to uninsured motorist benefits. We reverse and remand for an evidentiary hearing.

The decedent was an equal partner with Ezra...

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