Marsh v. Foremost Insurance

The plaintiff paid a substantial amount toward the purchase of a mobile home, but the seller went out of business without providing the mobile home or reimbursing the plaintiff. The buyer obtained a default judgment against the seller, and then attempted to obtain summary disposition against an insurance company that had issued performance bonds to protect consumers against such misconduct by the seller.

Before summary disposition was entered, the insurer began an interpleader action in an adjoining county. Despite the pendency of the interpleader action, the circuit court in this case granted…