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NESBITT v. AMERICAN COMMUNITY MUTUAL INS. CO.

Docket No. 205764.

600 N.W.2d 427 (1999)

236 Mich. App. 215

Clarence NESBITT, Plaintiff-Appellee/Cross-Appellant, v. AMERICAN COMMUNITY MUTUAL INSURANCE COMPANY, Defendant-Appellant/Cross-Appellee.

Court of Appeals of Michigan.

Decided June 15, 1999, at 9:05 a.m.

Released for Publication October 1, 1999.

Attorney(s) appearing for the Case

Halbower, Mabbitt & Halbower (by Matthew C. Halbower), Muskegon, for the plaintiff.

Cummings, McClorey, Davis & Acho, P.C. (by Colleen A. O'Brien), Pontiac, for the defendant.

Before HOLBROOK, JR., P.J., and O'CONNELL and WHITBECK, JJ.

O'CONNELL, J.

Defendant appeals as of right, and plaintiff cross appeals, from orders on motions for summary disposition concerning plaintiff's statutory and contract claims. We affirm in part, reverse in part, and remand for further proceedings.

Plaintiff's wife, Ethel Nesbitt, a smoker, visited a physician on October 16, 1993, complaining of cough, congestion, and shortness of breath. The doctor referred Mrs....

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