Dancey v. Travelers Property Casualty Co. of America

Defendant, Travelers Property Casualty Company of America (Travelers), appeals by leave granted an August 27, 2008, order of the Oakland Circuit Court denying its motion for summary disposition. For reasons slightly different from those articulated by the trial court, we affirm the denial of the motion for summary disposition and remand this case back to the trial court for further proceedings consistent with this opinion. This appeal is being decided without oral argument pursuant to MCR 7.214(E).

I. OVERVIEW

On November 2, 2004, plaintiff, Luann M. Dancey, was involved in a single-vehicle…