Cunningham v. Citizens Insurance Co. of America

I respectfully dissent. Defendant Citizens Insurance Company of America seeks reversal of the trial court’s grant of a summary judgment in favor of plaintiff under GCR 1963, 117.2(3). Summary judgment under GCR 1963, 117.2(3) should only be granted where there is no genuine issue as to any material fact. The court must be satisfied that it is impossible for the claim or defense to be supported at trial because of some deficiency which cannot be overcome. Rizzo v Kretschmer, 389 Mich 363, 372; 207 NW2d 316 (1973). It is my opinion that it was proper for the trial court to entertain a motion…