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CHURELLA v. PIONEER STATE MUT. INS. CO.

Docket No. 238695.

671 N.W.2d 125 (2003)

258 Mich. App. 260

Mark CHURELLA, Susan Radtke, and Peter Treboldi, Plaintiffs-Appellants, v. PIONEER STATE MUTUAL INSURANCE COMPANY, Dan Czmer, Jack D'Arcy, Harlan Gingrich, Robert West, Carleton Wilson, Dale Little, Gordon Gingrich, and Milton Timmerman, Defendants-Appellees, and Attorney General, Commissioner of the Office of Financial and Insurance Services, and National Association of Mutual Insurance Companies, Intervening Defendants-Appellees, and MgNish Dennehy Agency, Inc. and Lori Smith, Defendants.

Court of Appeals of Michigan.

Decided August 28, 2003, at 9:00 a.m.

Released for Publication October 29, 2003.

Attorney(s) appearing for the Case

Jaffe Raitt Heuer & Weiss, P.C. (by Joseph J. Shannon and Melanie LaFave), Detroit, for the plaintiffs.

Kaufman & Payton (by Alan Jay Kaufman and Donald L. Payton), Farmington Hills, for the Pioneer State Mutual Insurance Company and its directors.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and William A. Chenoweth, Assistant Attorney General, for the Attorney General and the Commissioner of the Office of Financial and Insurance Services.

Dykema Gossett, PLLC (by Lori M. Silsbury), Lansing, for amicus curiae the National Association of Mutual Insurance Companies.

Before: DONOFRIO, P.J., and BANDSTRA and O'CONNELL, JJ.

O'CONNELL, J.

Plaintiffs Mark Churella, Susan Radtke, and Peter Treboldi appeal as of right the trial court's order dismissing their suit pursuant to MCR 2.116(C)(8) for failure to state a claim on which relief may be granted. This case arose when plaintiffs brought suit to compel defendant Pioneer State Mutual Insurance Company and its directors, defendants Dan Czmer, Jack D'Arcy, Harlan Gingrich, Robert West, Carleton Wilson, Dale Little, Milton Timmerman, and Gordon...

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