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BOSCO v. BAUERMEISTER

Docket Nos. 104676, 104734, Calendar No. 6.

571 N.W.2d 509 (1997)

456 Mich. 279

Frederick C. BOSCO, Personal Representative of the Estate of Eric John Bosco, Deceased, Plaintiff-Appellee, v. Chris L. BAUERMEISTER, Kenneth L. Cook, and Flint Canvas Company, a Michigan corporation, Principal-Defendants-Appellees, and Auto-Owners Insurance Co., Inc., a Michigan corporation, and USAA Casualty Co., Inc., a foreign corporation, Garnishee Defendants-Appellants.

Supreme Court of Michigan.

Decided December 23, 1997.

Attorney(s) appearing for the Case

Beltz & Associates by C. Robert Beltz, Flint, for plaintiff-appellee.

Thomas E. Chittle, Flint (Gross, Nemeth & Silverman, P.L.C., of counsel), by James G. Gross, Detroit, for defendant Auto-Owners Insurance Company, Inc.

Highland & Zanetti, P.C. by Duncan H. Brown and J.R. Zanetti, Jr., Southfield, for defendant USAA Casualty Company, Inc.

Opinion

BRICKLEY, Justice.

I

In this case, we are called upon to determine the priority of coverage of several insurance policies, all of which admittedly provided coverage for the automobile accident that is the subject matter of the underlying lawsuit. We conclude that a distinct difference exists between "true" excess insurance coverage and excess "other insurance" on the basis of the difference in policy types within the insurance industry...

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