Wright v. White Birch Park, Inc

Plaintiff appeals as of right from the denial of his motion for summary judgment and the granting of garnishee defendant’s cross motion for summary judgment on January 26, 1981, pursuant to GCR 1963, 117.2(3) (no genuine issue of material fact).

I

Plaintiff contends that the trial court erred in granting summary judgment to the garnishee defendant. Plaintiff admits that the complaint relied solely on a theory of intentional misconduct with respect to his claim against Bardoni but claims that the insurance company had facts available to it that took the case out of the policy exclusions, thereby…