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U.S. FIDELITY & GUARANTY v. BLACK

Docket No. 63656, (Calendar No. 4).

412 Mich. 99 (1981)

313 N.W.2d 77

UNITED STATES FIDELITY & GUARANTY COMPANY v. BLACK

Supreme Court of Michigan.

Decided November 23, 1981.

Attorney(s) appearing for the Case

Foster, Swift, Collins & Coey, P.C. (by Philip T. Carter), for plaintiff.

Vandervoort, Cooke, McFee, Christ, Carpenter & Fisher (Dykema, Gossett, Spencer, Goodnow & Trigg, by Michael J. McGuigan and Carolyn D. Bell, of counsel) for defendants.

WILLIAMS, J. (for reversal).

This case, involving suit on an indemnity contract and a defense of innocent misrepresentation, is confusing for four reasons. First, the Court of Appeals in its decision confused the elements in the traditional fraudulent misrepresentation rule and the elements in the Michigan innocent misrepresentation rule. Both the Court of Appeals and the trial court erred in trying to decide an innocent misrepresentation case on the basis...

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