SAFEO INSURANCE CO. v. DALE G. KENNEDY & SONS WAREHOUSE

Docket No. 231798.

650 N.W.2d 722 (2002)

251 Mich. App. 692

Safeco Insurance Company Of America, Plaintiff, v. Dale G. Kennedy & Sons Warehouse, El-Toro Motor Freight, Inc., and United National Insurance Company, Defendants, and Everest National Insurance Company, Defendant/Appellee, and Jervis B. Webb Company, Indemnity Insurance Company of North America, and Westchester Insurance Company, Defendants/Appellants, and Jervis B. Webb Company, Indemnity Insurance Company of North America, and Westchester Insurance Company, Defendant/Appellants, v. Safeco Insurance Company of America, Counter-Defendant, and JERVIS B. WEBB COMPANY, Indemnity Insurance Company of North America, and Westchester Insurance Company, Cross-Plaintiffs/Appellants, v. EVEREST NATIONAL INSURANCE COMPANY, Cross-Defendant/Appellee.

Court of Appeals of Michigan.

Decided June 21, 2002, at 9:05 a.m.

Released for Publication September 10, 2002.


Attorney(s) appearing for the Case

Garan Lucow Miller, P.C.(by Robert D. Goldstein and Mark Shreve), Grand Blanc, for Jervis B. Webb Company and others.

Condit, McGarry & Schloff, P.C. (by Michael F. Condit), Bloomfield Hills, for Everest National Insurance Company.

Before: NEFF, P.J., and GRIFFIN and TALBOT, JJ.


GRIFFIN, J.

Cross-plaintiffs/appellants Jervis B. Webb Company (Webb), Indemnity Insurance Company of North America (IINA), and Westchester Insurance Company (Westchester) (hereinafter referred to collectively as "the Webb appellants") appeal as of right the trial court's order granting summary disposition under MCR 2.116(C)(10) in favor of cross-defendant/appellee Everest National Insurance Company (Everest) in this declaratory judgment action to determine the rights...

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