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AMERICAN ALT. INS. CO. v. FARMERS INSURANCE EXCHANGE

Docket No. 227917.

650 N.W.2d 729 (2002)

252 Mich. App. 76

AMERICAN ALTERNATIVE INSURANCE COMPANY, INC., individually and as subrogee of DVA Ambulance, Inc., Plaintiff-Appellee, v. Farmers Insurance Exchange, a/k/a Farmers Insurance Company, Farm Bureau Insurance Company, Coates Masonry, Inc., and Cripple Creek, Inc., Defendants, and Donald Jeffrey YORK, Defendant-Appellant.

Court of Appeals of Michigan.

Decided June 25, 2002, at 9:15 a.m.

Released for Publication September 24, 2002.

Attorney(s) appearing for the Case

Blanco & Associates, P.C. by Orlando L. Blanco and Maureen Milliron, Troy, for the plaintiff.

Foster, Swift, Collins & Smith, P.C. by William R. Schulz, Lansing, for the defendant.

Before: OWENS, P.J., and SAWYER and COOPER, JJ.

SAWYER, J.

Defendant Donald J. York appeals as of right from a judgment, entered following a bench trial, awarding plaintiff American Alternative Insurance Company, Inc., (American) $61,000 plus interest and statutory costs in this action for reimbursement of no-fault benefits paid by plaintiff for damage caused by York to an ambulance owned by plaintiff's insured, DVA Ambulance, Inc. We reverse and remand.

The underlying facts are essentially undisputed....

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