State Farm Fire & Casualty Co. v. Groshek

Plaintiff appeals from an opinion and order issued by Genesee Circuit Judge Valdemar L. Washington on August 6, 1986, declaring plaintiff liable under a homeowner’s insurance policy to defend and indemnify defendants in a tort action resulting from defendant Garett Groshek’s assault upon a third party. We hold that plaintiff was not obliged to defend and indemnify defendants under the facts in this case and therefore reverse.

The facts were presented to the trial judge by way of stipulated documentation and briefs. On November 3, 1983, intervening defendant Lori Morse called defendant Garett…