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WAUSAU INS. v. AJAX PAVING

Docket No. 236823.

671 N.W.2d 539 (2003)

256 Mich. App. 646

WAUSAU UNDERWRITERS INSURANCE COMPANY, Plaintiff-Appellant, v. AJAX PAVING INDUSTRIES, INC., Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 27, 2003, at 9:10 a.m.

Released for Publication July 14, 2003.

Attorney(s) appearing for the Case

Harvey Kruse, P.C. (by Michael F. Schmidt and Christopher W. Ward), Troy, for the plaintiff.

Secrest, Wardle, Lynch, Hampton, Truex and Morley (by Timothy A. Bahorski and William D. Shailor) Farmington Hills, for the defendant.

Before: MARKEY, P.J., and MARK J. CAVANAGH and HOEKSTRA, JJ.

MARK J. CAVANAGH, J.

Plaintiff Wausau Underwriters Insurance Company appeals as of right from an order granting defendant Ajax Paving Industries, Inc.'s, motion for summary disposition under MCR 2.116(C)(10). We reverse and remand for further proceedings.

Under its contract for highway construction work with the Michigan Department of Transportation (MDOT), defendant was required to purchase owners and contractors...

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