Kekel v. Allstate Insurance

Plaintiffs claim an appeal from a circuit court order granting the motion of defendant, Allstate Insurance Company, for summary judgment pursuant to GCR 1963, 117.2(1) and dismissing plaintiffs’ complaint for failure to state a claim upon which relief may be granted. The trial court’s granting of the motion for summary judgment is affirmed.

The standard governing this Court’s review is stated in Reed v St Clair Rubber Co, 118 Mich App 1, 5; 324 NW2d 512 (1982):

"A motion brought pursuant to GCR 1963, 117.2(1) challenges the legal sufficiency of plaintiffs claim only. In Partrich v Muscat, 84…