Auto-Owners Insurance v. Churchman

In this action for declaratory relief, plaintiff appeals by leave granted from an order denying plaintiff’s motion for summary disposition entered on July 26, 1988, by the Emmet Circuit Court. MCR 2.116(0(10).

Plaintiff argues that it does not owe its insured, the estate of Henry Gordon Frost, Jr., deceased, a duty to defend it in the underlying tort action, or a duty to indemnify it for any judgment rendered against it in that underlying suit. Plaintiff contends that the injury complained of in the underlying suit falls within the exclusion from policy coverage for "bodily injury . . .…