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AMERICAN STATES INS. CO. v. KESTEN

Docket No. 178085.

561 N.W.2d 486 (1997)

221 Mich. App. 330

AMERICAN STATES INSURANCE COMPANY, Plaintiff-Appellee, v. Sharilyn KESTEN and Sanford Kesten, Defendants, and Auto Club Insurance Association, Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 31, 1997, at 9:15 a.m.

Released for Publication April 9, 1997.

Attorney(s) appearing for the Case

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. by Robert D. Goldstein, Detroit, for American States Insurance Company.

Gault, Davison, Bowers, Hill, Parker & McAra by Edward B. Davison (Gross, Nemeth & Silverman, P.L.C., by James G. Gross and Mary T. Nemeth, Detroit, of counsel), Flint, for Auto Club Insurance Association.

Before SAAD, P.J., and CORRIGAN and R.A. BENSON, JJ.

SAAD, Presiding Judge.

I

Nature of Case and Facts

In this coverage dispute between two insurers, the Auto Club Insurance Association (ACIA) appeals the circuit court's grant of summary disposition to plaintiff American States Insurance Company (American). The trial court ruled that the insurance policy exclusion on which defendant ACIA relied was inapplicable and that ACIA is therefore liable as a coinsurer for $20,000 in damages. ACIA appeals...

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