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ST. PAUL FIRE & MARINE INSURANCE CO. v. INGALL

Docket Nos. 195353, 195727.

577 N.W.2d 188 (1998)

ST. PAUL FIRE & MARINE INSURANCE CO. and Angelo Iafrate Construction Co., Plaintiffs, and The Farmers Insurance Exchange, Plaintiff-Appellant, and Jonathon Noell and Ralph Fuller, Plaintiffs/Cross-Appellants, v. Hubert INGALL a/k/a H.E. Ingall Insurance Agency a/k/a H.E.I. Insurance Agency a/k/a H.E.I. Enterprises Inc., Defendant, and Wayne Construction Co., Defendant/Cross-Appellee, and The Accident Fund Co. a/k/a Accident Fund of Michigan, Defendant/Appellee/Cross-Appellee. ST. PAUL FIRE & MARINE INSURANCE CO. and Angelo Iafrate Construction Co., Plaintiffs-Appellants, v. Hubert INGALL a/k/a H.E. Ingall Insurance Agency a/k/a H.E.I. Insurance Agency a/k/a H.E.I. Enterprises Inc., Defendant, and The Accident Fund of Michigan, Defendant-Appellee.

Court of Appeals of Michigan.

Decided February 13, 1998, at 9:00 a.m.

Released for Publication May 5, 1998.

Attorney(s) appearing for the Case

Kohl, Secrest, Wardle, Lynch, Clark & Hampton by Simeon R. Orlowski, Mt. Clemens, for Farmers Insurance Exchange.

Willmarth & Tanoury by Brian R. Garves, Detroit, for St. Paul Fire and Marine Insurance Company and Angelo Iafrate Construction Company.

Crawforth, McManus, Tenbrunsel & Ulrich by John M.H. Ulrich, IV, Detroit, for Jonathon Noell and Ralph Fuller.

Moffett & Dillon, P.C. by Thomas L. Vitu, Birmingham, for The Accident Fund Company.

Before McDONALD, P.J., and SAAD and SMOLENSKI, JJ.

SAAD, J.

I

Nature of the Case

In these consolidated appeals regarding a dispute over payment of worker's compensation benefits, plaintiffs St. Paul Fire & Marine Insurance Co., and Angelo Iafrate Construction Co. appeal as of right, in Docket No. 195727, the February 8, 1996, order granting summary disposition in favor of defendant The Accident Fund Company (Accident Fund) pursuant to MCR 2.116(C)(10) on the ground that Accident Fund...

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