Dellar v. Frankenmuth Mutual Insurance

Plaintiff appeals from an order of the circuit court granting summary disposition in favor of defendant. We reverse the judgment and order and remand for further proceedings not inconsistent with this opinion.

A. PACTS

The plaintiff-appellant, Nancy Dellar, had insured her residence under a homeowner’s insurance policy issued by defendant-appellee, Frankenmuth Mutual Insurance Company. On November 16,1983, Mrs. Dellar’s husband died. On December 8, 1983, her house was burned. On December 20, 1983, she was charged with arson of her dwelling with intent to defraud her insurer, the defendant in…