Michigan Millers Mutual Insurance v. Berry

Defendants appeal as of right from a January 27, 1982, order of summary judgment granted in plaintiffs favor under GCR 1963, 117.2(3). The court ruled, as a matter of law, that a homeowner’s insurance policy which plaintiff had issued to defendant Ann Berry did not provide coverage for certain property damage caused by her son, defendant David Robertson, when he set fire to a house owned by defendants William and Shirley Kelley and insured by defendant Citizens Insurance. Citizens Insurance paid the Kelleys $57,300 for the loss. Citizens thereafter, as subrogee of the Kelleys, instituted an…