Jonesville Products, Inc v. Transamerica Insurance Group

Plaintiff appeals from the trial court’s grant of summary disposition to defendant, MCR 2.116(0(10), on plaintiff’s claim for a declaratory judgment that defendant had a duty to defend plaintiff under a contract of insurance between plaintiff and defendant. We reverse.

Gayle and Mary Alice Lape filed a complaint against plaintiff alleging that plaintiff, which operated its business on property adjacent to the Lapes’, had permitted continuous discharge of Trichlorethylene (tce) onto its property, resulting in contamination of the Lapes’ soil, contamination of its well water, and possible…