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DEPT. OF TRANSP. v. INITIAL TRANSPORT, INC.

No. 272560.

740 N.W.2d 720 (2007)

276 Mich. App. 318

DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant v. INITIAL TRANSPORT, INC., and Employers Mutual Casualty Company, Defendants-Appellees, and Great West Casualty Company and Kirk National Leasing Company, a/k/a Kirk Nationalease Company, Defendants.

Court of Appeals of Michigan.

Decided July 26, 2007, at 9:00 a.m.

Released for Publication October 26, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Patrick F. Isom, Vincent J. Leone, and Joshua W. Gubkin, Assistant Attorneys General, for the Department of Transportation.

Sullivan & Leavitt, P.C. (by Michael J. Leavitt), Northville, for Initial Transport, Inc.

Hopkins, Curran & Smith, P.C. (by George F. Curran, III), Southfield, for Employees Mutual Casualty Company.

Before: WHITBECK, C.J., and MURPHY and COOPER, JJ.

COOPER, J.

In this case regarding a claim for property protection benefits, plaintiff appeals as of right from the trial court's order granting summary disposition in favor of defendants,1 Initial Transport, Inc. (Initial), and Employers Mutual Casualty Company (Employers). We reverse and remand for further proceedings.

On October 6, 2003, a semi-tractor owned by Initial, driven by an employee of Initial, and covered by a policy...

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