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CARLYON v. MUTUAL OF OMAHA INS. CO.

Docket No. 192567.

559 N.W.2d 407 (1996)

220 Mich. App. 444

Larry F. CARLYON, Plaintiff/Counter-Defendant/Appellee, v. MUTUAL OF OMAHA INSURANCE COMPANY, Defendant/Counter-Plaintiff/Appellant.

Court of Appeals of Michigan.

Decided December 13, 1996, at 9:20 a.m.

Released for Publication February 27, 1997.

Attorney(s) appearing for the Case

Steven L. Pence, Marquette, for Plaintiff/Counter-Defendant/Appellee.

Clark Hill P.L.C. by James E. Brenner and Mark W. McInerney, Detroit, for Defendant/Counter-Plaintiff/Appellant.

Before GRIBBS, P.J., and MACKENZIE and GRIFFIN, JJ.

PER CURIAM.

Defendant appeals as of right from an order granting summary disposition for plaintiff and awarding him $27,400, plus costs and interest. We affirm.

This dispute concerns plaintiff's eligibility to recover benefits pursuant to a disability insurance policy issued by defendant. A rider to that policy provided that the insured would be considered totally disabled when "unable to perform the material and...

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