TRAVELERS INS. v. U-HAUL OF MICHIGAN, INC.

Docket No. 194316.

597 N.W.2d 235 (1999)

235 Mich. App. 273

TRAVELERS INSURANCE, as Subrogee, of Pine Knob Wine Shop, Plaintiff-Appellee, v. U-HAUL OF MICHIGAN, INC., a Michigan Corporation, and U-Haul International, Inc., a Nevada Corporation, Defendants-Appellants, and Ben P. Nouri, Defendant.

Court of Appeals of Michigan.

Decided April 16, 1999, at 9:05 a.m.

Released for Publication July 27, 1999.


Attorney(s) appearing for the Case

Christopher Royce, Okemos, for Travelers Insurance.

Galbraith & Booms (by Laura A. Phillips), Southfield, for U-Haul of Michigan, Inc., and U-Haul International, Inc.

Before: SAAD, P.J., and MICHAEL J. KELLY and BANDSTRA, JJ.


SAAD, P.J.

Defendants appeal as of right the trial court's order denying their motion for summary disposition under MCR 2.116(C)(8). Defendants also seek an award of costs under MCR 2.625 and M.C.L. § 600.2591; M.S.A. § 27A.2591. We reverse the denial of defendants' summary disposition motion, but affirm the denial of sanctions.

I

NATURE OF CASE

In this appeal, we are asked to reconcile the seemingly contradictory mandates of...

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