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ARCO INDUSTRIES CORP. v. AMICO

Docket No. 210651.

594 N.W.2d 74 (1998)

233 Mich. App. 143

ARCO INDUSTRIES CORPORATION, Robert P. Ferguson, and Frederick C. Matthei, Plaintiffs-Appellants/Cross-Appellees, v. AMERICAN MOTORISTS INSURANCE COMPANY, Defendant-Appellee/Cross-Appellant, and Home Indemnity Company, Consolidated American Insurance, CNA Insurance Company, Indiana Insurance Company, Argonaut Insurance Company, and Kemper Insurance Company, Defendants.

Court of Appeals of Michigan.

Decided October 9, 1998, at 9:10 a.m.

Submitted on Rehearing November 30, 1998.

Decided on Rehearing December 11, 1998, at 9:00 a.m.

Released for Publication March 12, 1999.

Attorney(s) appearing for the Case

Honigman Miller Schwartz & Cohn (by Jay E. Brant, Philip A. Grashoff, Jr., and Mark A. Goldsmith), Detroit, and Butler Durham & Willoughby (by Sidney D. Durham), Parchment, for the plaintiffs.

Miller, Canfield, Paddock & Stone (by Kevin J. Moody), Lansing, and Drinker Biddle & Reath, LLP (by T. Andrew Culbert and Paul H. Saint-Antoine), Philadelphia, PA, for American Motorists Insurance Company.

Before: CORRIGAN, C.J., and MICHAEL J. KELLY and MacKENZIE, JJ.

ON SECOND REMAND, ON REHEARING

MacKENZIE, J.

This case is before us on rehearing, limited to part VIII of our most recent opinion in this dispute, Arco Industries Corp. v. American Motorists Ins. Co. (On Second Remand), 232 Mich.App. 146, 170-171, 594 N.W.2d 61 (1998). In part VIII, we originally held that, in accordance with the language of the majority opinion in Yaldo...

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