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GRISWOLD PROPERTIES, L.L.C. v. LEXINGTON INS. CO.

Docket Nos. 263197, 265278 and 268335.

741 N.W.2d 549 (2007)

276 Mich. App. 551

GRISWOLD PROPERTIES, L.L.C., Plaintiff-Appellee v. LEXINGTON INSURANCE COMPANY, Defendant-Appellant. Gainors Meat Packing, Inc., Plaintiff-Appellant, v. Home-Owners Insurance Company, Defendant-Appellee. Samuel C. Gardner and Cynthia A. Gardner, Plaintiff-Appellant, v. Harleysville Lake States Insurance Company, Defendant-Appellee.

Court of Appeals of Michigan.

Decided September 6, 2007, at 9:00 a.m.

Released for Publication November 27, 2007.

Attorney(s) appearing for the Case

Donald M. Fulkerson, Westland and Fabian, Sklar & King, P.C. (by Michael H. Fabian and Stuart A. Sklar), Farmington Hills, for Griswold Properties, L.L.C., Gainors Meat Packing, Inc., and Samuel C. and Cynthia A. Gardner.

Grotefeld & Denenberg, L.L.C. (by Todd B. Denenberg, Jeffrey R. Learned, and Gary R. Chopp), Bingham Farms, for Lexington Insurance Company.

Secrest Wardle (by Janet Callahan Barnes) Farmington Hills, for Home-Owners Insurance Company.

Braun Kendrick Finkbeiner P.L.C. (by William J. Ewald and Frederick C. Overdier), Saginaw, for Harleysville Lake States Insurance Company.

Before: DONOFRIO, P.J., and FITZGERALD, BANDSTRA, ZAHRA, METER, BORRELLO, and DAVIS, JJ.

DONOFRIO, P.J.

Pursuant to MCR 7.215(J), this Court convened a special panel to resolve the conflict between the opinion in the three consolidated cases in Griswold Properties, LLC v. Lexington Ins. Co., 275 Mich.App. 543, 740 N.W.2d 659 (2007), and Arco Industries Corp v. American Motorists Ins Co. (On Second Remand, On Rehearing), 233 Mich.App....

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