Legal Opinion · Dissent

Heniser v. Frankenmuth Mutual Insurance

Michigan Supreme Court

Decided July 6, 1995No. 97462, (Calendar No. 4)Published

1DissentLevin, J.

The question presented is whether a homeowner’s insurance policy covers a dwelling described in the policy that is sold by the insured between the date the policy is issued and the date of a fire. I would hold that the policy provides coverage although the dwelling was sold before the fire.

The policy issued by defendant, Frankenmuth Mutual Insurance, states that the insurer covers "the dwelling on the residence premises shown in *174the Declarations.”1 "Residence premises” is defined as the "one-family dwelling” "where you reside and which is shown as the 'residence premises’ in the…

2Cases cited13 opinions

  1. Powers v. Detroit Automobile Inter-Insurance ExchangeMichigan Supreme Court · 1986
  2. Group Insurance v. CzopekMichigan Supreme Court · 1992
  3. Morgan v. Cincinnati InsuranceMichigan Supreme Court · 1981
  4. Farmers Insurance v. TrutanichCourt of Appeals of Oregon · 1993
  5. Borman v. State Farm Fire & Casualty CoMichigan Supreme Court · 1994

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