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MENDELSON ORTHOPEDICS v. EVEREST NAT. INS.

No. 341013.

938 N.W.2d 739 (2019)

328 Mich. App. 450

MENDELSON ORTHOPEDICS PC and Synergy Spine and Orthopedic Surgery Center LLC, Plaintiffs, and Donald DeVore, Intervening Plaintiff-Appellant, and Larry Morgan, Intervening Plaintiff, v. EVEREST NATIONAL INSURANCE COMPANY and Michigan Automobile Insurance Placement Facility, formerly known as Michigan Assigned Claims Plan, Defendants-Appellees, and Farmers Insurance Exchange, Defendant.

Court of Appeals of Michigan.

Decided May 28, 2019, 9:00 a.m.

Attorney(s) appearing for the Case

Mike Morse Law Firm, Southfield (by Eric M. Simpson , Joshua B. Farr , and Stacey L. Heinonen ) for Donald Devore.

Anselmi Mierzejewski Ruth & Sowle, PC, Bloomfield Hills (by Rita Arabo ) for the Michigan Automobile Insurance Placement Facility.

Zausmer, August & Caldwell, PC (by Amy S. Applin , Farmington Hills, James C. Wright , East Lansing , and Michael A. Schwartz , Farmington Hills) for Everest National Insurance Company.

Before: Redford, P.J., and Markey and K.F. Kelly, JJ.

Intervening plaintiff, Donald Devore, appeals as of right the trial court's orders granting summary disposition in favor of defendants Everest National Insurance Company (Everest) and the Michigan Automobile Insurance Placement Facility (MAIPF). We reverse both rulings and remand for further proceedings consistent with this opinion.

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