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AUTO CLUB INS. ASS'N v. SARATE

Docket No. 204893.

600 N.W.2d 695 (1999)

236 Mich. App. 432

AUTO CLUB INSURANCE ASSOCIATION, Plaintiff-Appellant, v. Mark T. SARATE, Defendant-Appellee.

Court of Appeals of Michigan.

Decided June 25, 1999, at 9:45 a.m.

Released for Publication October 8, 1999.

Attorney(s) appearing for the Case

Becker, Lanctot, McCutcheon, Schoolmaster, Taylor & Hom (Jeffrey A. Oakes), Bloomfield Hills, (John A. Lydick, of Counsel), Detroit, for the plaintiff.

John A. Zick, Farmington Hills, for the defendant.

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

PER CURIAM.

Plaintiff brought an action seeking a declaratory judgment regarding whether it owed personal protection insurance benefits to defendant. The trial court granted defendant's motion pursuant to MCR 2.116(C)(10), and rendered a declaratory judgment in his favor. We reverse and remand.

In October 1996, defendant was driving a motorcycle that collided with an automobile covered by an insurance policy issued by plaintiff. Although defendant purchased...

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