Motor State Insurance v. Leonard

This is an action by Motor State Insurance Company for a declaratory judgment decreeing an automobile insurance policy held by defendant Robert Leonard null and void as to a “hit-and-run” accident which occurred on January 13, 1967. By the express terms of the policy, coverage for such accidents was conditioned upon the insured’s filing with the insurer a sworn statement within 30 days from the date of the accident. The trial court entered a summary judgment in the plaintiff’s favor and defendants appeal.

Under GCR 1963, 117.2(3), a party may move for a summary judgment where there is no…