Frankenmuth Mutual Insurance v. Marlette Homes, Inc.

In this subrogation action, plaintiff, Frankenmuth Mutual Insurance Company, appeals as of right from a grant of summary disposition for defendants Marlette Homes, Inc. and Coachman Industries, Inc. pursuant to MCR 2.116(C)(7). Plaintiff argues that defendants are not entitled to claim the statute of repose as an affirmative defense where Marlette was not a contractor as defined by MCL 600.5839; MSA 27A.5839. We reverse.

i

In 1971, Terry and Darlene Weir contracted to purchase a modular home manufactured by defendant Marlette. Defendant delivered the modular home to the Weirs’ property and set…