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ROYAL INS. CO. v. BITHELL

No. 92-CV-74191-DT.

868 F.Supp. 878 (1993)

ROYAL INSURANCE COMPANY, Plaintiff, v. Thomas BITHELL and Irene Bithell, Defendants.

United States District Court, E.D. Michigan, Southern Division.

September 15, 1993.

Attorney(s) appearing for the Case

Leonard B. Schwartz, Southfield, MI, for plaintiff.

Robert R. Cleary, Lucy R. Benham, Mark E. Hallada, Troy, MI, for defendants.

OPINION

DUGGAN, District Judge.

This matter is before the Court on both plaintiff's and defendants' motions for summary judgment pursuant to F.R.Civ.P. 56. Both parties agree that the dispositive issue is whether the insurance policy issued by plaintiff, Royal Insurance Company, provides coverage for the loss incurred by defendants, Thomas and Irene Bithell ("Bithells"), when raw sewage from a sewer line beneath their home entered the house. The Court...

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