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G. E. CREDIT CORP. v. WOLVERINE INS.

Docket No. 70435, (Calendar No. 12).

420 Mich. 176 (1984)

362 N.W.2d 595

GENERAL ELECTRIC CREDIT CORPORATION v. WOLVERINE INSURANCE COMPANY

Supreme Court of Michigan.

Decided December 28, 1984.

Released January 9, 1985.

Attorney(s) appearing for the Case

Louis P. Labbe for the plaintiff.

Jenkins, Nystrom, Hitchcock & Nystrom (by Jeannette A. Paskin) for Wolverine Insurance Company.

RYAN, J.

This case is concerned with the meaning of the word "fraud" as used in a surety bond whose terms are prescribed by statute. Three questions are presented:

1. Whether the term "fraud" in the expression "fraud, cheating, or misrepresentation," as used in a surety bond issued pursuant to MCL 257.248(7); MSA 9.1948(7),1 means only actual fraud or also means constructive fraud;

2. Whether MCL 257.248(7); MSA 9.1948...

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