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SMITH v. ALLSTATE INS. CO.

Docket No. 191759.

584 N.W.2d 355 (1998)

230 Mich. App. 434

Laura SMITH and James Smith, Plaintiffs-Appellees, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellant, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 23, 1998, at 9:15 a.m.

Released for Publication September 29, 1998.

Attorney(s) appearing for the Case

Garan, Lucow, Miller, Seward & Becker, P.C. by James L. Borin and Robert D. Goldstein, Detroit, for Allstate Insurance Company.

Draugelis & Ashton, L.L.P. by John A. Ashton, Plymouth, for State Farm Mutual Automobile Insurance Company.

Gerald A. Sniderman & Associates by Gerald A. Sniderman, Huntington Woods, for Laura and James Smith.

Before SAAD, P.J., and WAHLS and GAGE, JJ.

WAHLS, Judge.

In this declaratory judgment action, defendant Allstate Insurance Company appeals as of right from an order granting summary disposition for defendant State Farm Mutual Automobile Insurance Company. We affirm.

The insurance law issues presented here arise from an underlying lawsuit filed by plaintiffs Laura and James Smith against third parties. The underlying facts are undisputed. In the early evening of June 4, 1993, Charles Hinton, Jr., sold...

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