Aetna Casualty & Surety Co. v. Collins

Plaintiff insurance company appeals by leave granted from an order denying plaintiffs motion for summary judgment under GCR 1963, 117.2(2).

On August 16, 1979, Ellen Vogt was killed when the pick-up truck she was riding in as a passenger collided with an uninsured motor vehicle at the intersection of Leith and St. James Streets in Flint. The pick-up truck was owned and being driven by plaintiffs insured, Thomas R. Vick, and the uninsured motor vehicle was owned and operated by Lee Collins, the defendant. As a result of the accident, plaintiff paid $20,000 in personal protection insurance (PIP)…