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CITY OF GROSSE POINTE PARK v. MUNICIPAL LIABILITY AN PROPERTY POOL

Docket No. 125630. COA No. 8.

702 N.W.2d 106 (2005)

473 Mich. 188

CITY OF GROSSE POINTE PARK, Plaintiff-Appellee, v. MICHIGAN MUNICIPAL LIABILITY AND PROPERTY POOL, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 19, 2005.

Attorney(s) appearing for the Case

Bodman L.L.P. (by R. Craig Hupp and James A. Smith), Detroit, MI, for the plaintiff.

Pear Sperling Eggan & Daniels, P.C. (by Thomas E. Daniels and Karl V. Fink), Ypsilanti, MI, for the defendant.

MICHAEL F. CAVANAGH, J.

Plaintiff city of Grosse Pointe Park had a practice of discharging sewage into a nearby creek when its sewer system became overtaxed during, for example, heavy periods of rain. As a result of these discharges, the residents who lived near the creek filed a lawsuit against the city. Defendant Michigan Municipal Liability and Property Pool was the city's insurer and provided a defense in the lawsuit under a reservation of rights. Although the...

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