Auto Club Insurance v. Michigan Mutual Insurance

Plaintiff, Auto Club Insurance Association, appeals as of right a Wayne Circuit Court order granting defendant’s motion for summary disposition pursuant to MCR 2.116(C) (8).

This is a priority dispute among insurers arising out of an accident that occurred on February 24, 1988. On that date, Luis Boutilier, during the course of his employment, was driving a Ford Bronco owned by his employer, SJS Express, Inc. The Bronco was insured by defendant, Michigan Mutual Insurance Company. Boutilier stopped at a service station, got out of the vehicle, and was pumping gas into the Bronco when the fumes…