State Farm Fire & Casualty Co. v. Citizens Insurance Co. of America

Plaintiff filed an action seeking a declaratory judgment as to plaintiff’s right to partial recoupment from defendant for certain personal protection insurance benefits paid under a no-fault automobile insurance policy issued by plaintiff. Following a hearing, the trial court granted defendant’s motion for summary judgment made pursuant to GCR 1963, 117.2(1). Plaintiff’s motion for rehearing was denied, from which plaintiff takes this appeal as of right.

The facts relevant to this appeal are as follows: Donna Schilling, wife of Paul Schilling, died as a result of an automobile accident on…