ALLSTATE INSUR CO V ARTHUR P MATA

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STATE OF MICHIGAN COURT OF APPEALS ALLSTATE INSURANCE COMPANY, UNPUBLISHED October 15, 1996 Plaintiff-Appellant, v No. 170112 LC No. 89-108021-CZ ARTHUR P. MATA, Personal Representative of the ESTATE OF SYLVIA SAULTMAN, Deceased, and WILLIAM MASON HARDIMON, JR., Personal Representative of the ESTATE OF WILLIAM MASON HARDIMON, Deceased. Defendants-Appellees. Before: White, P.J., and Fitzgerald and E.M. Thomas,* JJ. FITZGERALD, J. (dissenting.) I respectfully dissent. My review of the record, particularly Dr. Tanay’s testimony that is quoted in the majority opinion, convinces me that reasonable minds could differ regarding whether Hardimon intended the results of his acts. Therefore, I would hold that the trial court properly denied Allstate’s motion for summary disposition and would affirm. Farm Bureau Mutual Ins Co v Stark, 437 Mich 175, 184-185; 468 NW2d 498 (1991). /s/ E. Thomas Fitzgerald * Circuit judge, sitting on the Court of Appeals by assignment. -1

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