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HENDERSON v. STATE FARM FIRE AND CAS. CO.

Docket No. 110822, Calendar No. 10.

596 N.W.2d 190 (1999)

460 Mich. 348

Daniel HENDERSON, Assignee of Dawn Mysierowicz, Plaintiff-Appellee, v. STATE FARM FIRE AND CASUALTY COMPANY, an Illinois Insurance Corporation, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 8, 1999.

Attorney(s) appearing for the Case

Sarvis & Herrmann, P.C. (by J. Steven Sarvis ), Bingham Farms, for plaintiff-appellee.

Draugelis & Ashton, L.L.P. (by Floyd C. Virant ), Plymouth, for defendant-appellant.

Charters, Heck, O'Donnell, Petrulis & Zorza, P.C. (by Eric S. Goldstein ), Troy, for amici curiae Michigan Trial Lawyers Association.

Dykema, Gossett, P.L.L.C. (by Lori M. Silsbury ), Lansing, for amici curiae Insurance Information Association of Michigan.

Opinion

TAYLOR, J.

We granted leave to appeal in this case to review the Court of Appeals first impression construction of the phrase "in the care of" in a homeowner's insurance policy. The Court of Appeals determined that the phrase was ambiguous and that there was no genuine issue of material fact that Dawn Mysierowicz, plaintiff's assignor, came within the definition of an insured1<...

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