Allstate Insurance Co. v. Goldwater

Plaintiff appeals as of right from an order granting defendants’ motion for summary disposition. We reverse and order summary disposition in favor of plaintiff.

On June 16, 1984, minors Ronald Goldwater and Robbie Buchte collided on their dirt bikes while riding in a farmer’s field near the subdivision where they lived. The Buchtes sued Goldwater for negligent operation of the motor bike and sued his father on a negligent entrustment theory. Plaintiff, the Goldwaters’ insurer, undertook their defense while reserving its rights under the policy.

Plaintiff filed this action seeking a declaratory…