Auto-Owners Insurance v. Ellegood

Defendant appeals as of right from a circuit court order granting plaintiffs motion for summary judgment pursuant to GCR 1963, 117.2(3).

On June 30, 1983, the defendant was injured by an unknown hit-and-run driver while riding his uninsured motorcycle. On December 12, 1983, defendant filed a demand for arbitration with the American Arbitration Association against plaintiff, claiming entitlement to uninsured motorist benefits under a policy of insurance issued by plaintiff to defendant’s father.

Plaintiff responded to the demand for arbitration by filing an action for declaratory judgment in the…