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AUTO-OWNERS INSURANCE COMPANY v. FERWERDA ENTERPRISES, INC.

Docket Nos. 140735, 140738. COA No. 277574.

784 N.W.2d 44 (2010)

AUTO-OWNERS INSURANCE COMPANY, Plaintiff/Counter-Defendant/Appellee, v. FERWERDA ENTERPRISES, INC., d/b/a Holiday Inn Express Ludington, Defendant/Counter-Plaintiff/Appellant, and Daryl Bronkema, Next Friend of Jackson Thomas Bronkema, Caleb Andrew Bronkema and Savannah Joy Bronkema, and Daryl Bronkema, Individually, and Melissa Bronkema, Defendants. Auto-Owners Insurance Company, Plaintiff/Counter-Defendant/Appellee, v. Ferwerda Enterprises, Inc., d/b/a Holiday Inn Express Ludington, Defendant/Counter-Plaintiff/Appellee, and Daryl Bronkema, Next Friend of Jackson Thomas Bronkema, Caleb Andrew Bronkema and Savannah Joy Bronkema, and Daryl Bronkema, Individually, and Melissa Bronkema, Defendants-Appellants.

Supreme Court of Michigan.

July 15, 2010.

Order

On order of the Court, the applications for leave to appeal the January 28, 2010 judgment of the Court of Appeals are considered. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the portions of the Court of Appeals opinion on remand stating incorrectly that the plaintiff, Auto-Owners Insurance Company, "declined to defend ... Holiday Inn in the suit brought by the Bronkemas," and that the "trial court found that Auto-Owners breached...

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