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NORTH COUNTRY AGENCY, INC. v. FRANKENMUTH MUT. INS. CO.

Docket No. 262472.

713 N.W.2d 811 (2005)

269 Mich. App. 685

NORTH COUNTRY AGENCY, INC, Plaintiff-Appellant, v. FRANKENMUTH MUTUAL INSURANCE COMPANY, Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 20, 2005.

Approved for publication February 14, 2006, at 9:10 a.m.

Released for Publication May 2, 2006.

Attorney(s) appearing for the Case

Jeffrey T. Lyon, Cheboygan, for the plaintiff.

Foster, Swift, Collins & Smith, P.C. (by Scott L. Mandel), Lansing, for the defendant.

Before: WHITBECK, P.J., and BANDSTRA and MARKEY, JJ.

PER CURIAM.

In this breach of contract action, plaintiff appeals as of right the trial court's grant of summary disposition in favor of defendant. We affirm.

We review de novo a lower court's ruling on a motion for summary disposition. Maiden v. Rozwood, 461 Mich. 109, 118, 597 N.W.2d 817 (1999). A motion under MCR 2.116(C)(10) tests the factual sufficiency of the complaint.

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