FREMONT MUTUAL INS CO V FARMERS INS EXCHANGE
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STATE OF MICHIGAN
COURT OF APPEALS
FREMONT MUTUAL INSURANCE
COMPANY,
UNPUBLISHED
May 23, 2006
Plaintiff/Counter DefendantAppellee,
V
No. 259663
Lapeer Circuit Court
LC No. 01-030675-NZ
FARMERS INSURANCE EXCHANGE,
Defendant-Appellant,
and
LACIE PYLES,
Defendant-Appellee,
and
JEFFREY DEWITTE,
Defendant/Counter PlaintiffAppellee.
Before: White, P.J., and Fitzgerald and Talbot, JJ.
WHITE, P.J. (dissenting).
I respectfully dissent. Defendant submitted sufficient evidence, through documents and
the testimony of Becky Roberts, to establish a genuine issue of material fact whether its policy
insuring the Mustang was cancelled prior to the accident. Under the circumstances presented,
there was a genuine issue whether the insured’s mother had authority to request that the policy be
cancelled.
/s/ Helene N. White
-1-
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