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AMERICAN NATIONAL FIRE INS. v. FRANKENMUTH MUT. INS.

Docket No. 97596.

445 Mich. 91 (1994)

516 N.W.2d 52

AMERICAN NATIONAL FIRE INSURANCE COMPANY v. FRANKENMUTH MUTUAL INSURANCE COMPANY

Supreme Court of Michigan.

Decided May 4, 1994.

Attorney(s) appearing for the Case

Sommers, Schwartz, Silver & Schwartz, P.C. (by Leonard B. Schwartz and Patrick Burkett), for the plaintiff.

Garan, Lucow, Miller, Seward, Cooper & Becker, P.C. (by James L. Borin and Robert D. Goldstein), for the defendant.

MEMORANDUM OPINION. As observed by the Court of Appeals, this case was submitted to the trial court with an agreed-upon statement of facts. We restate here the Court of Appeals recitation of the facts:

At approximately 8:25 P.M. on December 2, 1984, a car driven by Scott Whitney, traveling on the southbound lane of Bricker Road in St. Clair County, collided with the rear of a combine that was completely blocking the southbound lane of the road. Whitney's passenger...

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