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STATE FARM MUT. AUTO. INS. CO. v. ROE

Docket No. 186031.

573 N.W.2d 628 (1997)

226 Mich. App. 258

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellant, v. Michael Dean ROE, Wilbur Dean Roe, and Maureen Roe, Defendants-Appellees.

Court of Appeals of Michigan.

Decided October 31, 1997, at 9:25 a.m.

Released for Publication February 10, 1998.

Attorney(s) appearing for the Case

Smith & Brooker, P.C. by Francis B. Drinan, Saginaw, for State Farm Mutual Automobile Insurance Company.

Patterson, Gruber, Kennedy, Gill & Milster by Brian M. Kennedy, Bay City, for Michael D.Roe.

Thomas E. Bock, Bay City, for Wilbur D. Roe and Maureen L. Roe.

Before CORRIGAN, C.J., and MICHAEL J. KELLY and HOEKSTRA, JJ.

ON REHEARING

HOEKSTRA, Judge.

Plaintiff appeals as of right an order granting judgment in favor of defendants in this action for a declaratory judgment. Plaintiff claimed that an exclusion in the automobile policy issued to defendants Wilbur and Maureen Roe relieved it of the duty to defend the Roes and pay damages on their behalf or indemnify them for the injuries suffered by their son, Michael Roe, in a vehicular accident. After entering an order reversing...

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