Nawrocki v. Hawkeye Security Insurance

Plaintiff insured appeals by leave from a circuit court judgment affirming a district court order granting summary judgment for defendant insurer. GCR 1963, 117.2(1). For purposes of this appeal we must accept every wellpled allegation in the complaint as true. Bielski v Wolverine Insurance Co, 379 Mich 280, 283; 150 NW2d 788, 789 (1967). Those allegations present the following case.

Plaintiff was disabled by an automobile accident in September, 1974, and began receiving medical expense and wage loss benefits from defendant. In June, 1976, plaintiffs physician advised plaintiff and defendant…