McGUIRK SAND & GRAVEL, INC. v. MERIDIAN MUTUAL INS. CO.

Docket No. 183051.

559 N.W.2d 93 (1996)

220 Mich. App. 347

McGUIRK SAND & GRAVEL, INC., Plaintiff-Appellee, v. MERIDIAN MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Michigan.

Decided December 6, 1996, at 9:00 a.m.

Released for Publication February 25, 1997.


Attorney(s) appearing for the Case

William R. Thompson, Mt. Pleasant, for plaintiff-appellee.

Willingham & Cote, P.C. by John A. Yeager and Curtis R. Hadley, East Lansing, for defendant-appellant.

Before SMOLENSKI, P.J., and FITZGERALD and F.D. BROUILLETTE, JJ.


SMOLENSKI, Presiding Judge.

Defendant Meridian Mutual Insurance Company appeals by leave granted the order denying its motion for summary disposition pursuant to MCR 2.116(C)(10). We reverse and remand.

This case involves a request for declaratory relief that defendant is under a duty to defend and indemnify plaintiff McGuirk Sand & Gravel, Inc., in spite of the pollution exclusion contained in the parties' commercial general liability insurance contract...

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