Dean v. Auto Club Ins. Ass'n

The instant case comes before this Court on plaintiffs’ appeal as of right from an order of summary judgment entered in favor of defendant. Plaintiffs sought declaratory relief below, requesting payment from defendant for certain medical services rendered to defendant’s insureds. We affirm.

Initially, we note that defendant moved for summary judgment in lieu of a responsive pleading. Although defendant’s motion did not state specifically under which subrule of GCR 1963, 117.2 the motion was brought, it appears that defendant moved pursuant to GCR 117.2(1). Accordingly, we accept as true the…