Rowbotham v. Detroit Automobile Inter-Insurance Exchange

Plaintiffs appeal a Wayne County Circuit Court order of summary judgment, appar ently issued because the court believed plaintiffs had not stated a cause of action. GCR 1963, 117.2(1).

In 1969, defendant issued an automobile insurance policy to plaintiffs, but cancelled the policy when plaintiffs failed to pay the premiums. Despite the cancellation, plaintiffs submitted a claim to defendant for damages they sustained and damages they caused in an automobile accident. Defendant mistakenly paid $1,249, part to plaintiffs and part to an accident victim. On discovering the error of the payment,…