United Southern Assurance Co. v. Aetna Life & Casualty Insurance

Defendant appeals as of right an order granting summary disposition in favor of plaintiffs. Plaintiffs’ claim arose out of an automobile accident. Defendant claims that the trial court erred in ruling that plaintiffs were entitled to recóver property protection benefits under the parked vehicle exception of the no-fault act, MCL 500.3121; MSA 24.13121; MCL 500.3123; MSA 24.13123. Plaintiffs cross appeal the trial court’s denial of their motion for attorney fees. We affirm.

The parties stipulated to the facts. On March 13, 1987, John Lindsey was the owner and operator of a truck tractor hauling…