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HENKE v. ALLSTATE INS. CO.

Docket No. 202550.

594 N.W.2d 845 (1999)

234 Mich. App. 218

Gregory HENKE, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

Court of Appeals of Michigan.

Opinion Issued July 10, 1998.

Rehearing Granted and Opinion Vacated October 29, 1998.

Decided on Rehearing February 23, 1999, at 9:00 a.m.

Order Denying Special Panel March 8, 1999.

Released for Publication May 19, 1999.

Attorney(s) appearing for the Case

Franklin & Davis, P.C. (by Neil A. Davis), Troy, for the plaintiff.

Secrest, Wardle, Lynch, Hampton, Truex and Morley (by Michael L. Updike), Farmington Hills, for the defendant.

Before: JANSEN, P.J., and MICHAEL J. KELLY and MARKEY, JJ.

ON REHEARING

MICHAEL J. KELLY, J.

Plaintiff appeals as of right from an order entered by the trial court granting summary disposition in favor of defendant pursuant to MCR 2.116(C)(8) or (10). On July 10, 1998, this Court reversed the decision of the trial court and remanded for further proceedings. On October 29, 1998, this Court granted rehearing and vacated the opinion. In its motion for rehearing, defendant asks this Court to consider its decision in...

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