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AM. STATES INS. CO. v. DETROIT AUTOMOBILE INTER-INSURANCE EXCHANGE

Docket No. 57799.

117 Mich. App. 361 (1982)

323 N.W.2d 705

AMERICAN STATES INSURANCE COMPANY v. DETROIT AUTOMOBILE INTER-INSURANCE EXCHANGE

Michigan Court of Appeals.

Decided June 22, 1982.

Attorney(s) appearing for the Case

Denenberg, Tuffley, Thorpe, Bocan & Patrick (by Susan Tukel and Paul H. Johnson, Jr.), for plaintiff.

Dickinson, Mourad, Brandt, Hanlon & Becker (by Clifford W. Schiesel), for defendant.

Before: DANHOF, C.J., and BRONSON and J.R. ERNST, JJ.

BRONSON, J.

This appeal raises a question of first impression concerning the proper construction of the household exclusion provision, MCL 500.3123(1)(b); MSA 24.13123(1)(b), contained in the no-fault automobile insurance act. Plaintiff appeals as of right from an order entered in the Wayne County Circuit Court granting summary judgment in favor of defendant pursuant to GCR 1963, 117.2(1), failure to state a claim upon which relief can be granted. The circuit court...

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