Bourne v. Farmers Insurance Exchange

Harry Bourne filed suit against Farmers Insurance Exchange, his no-fault automobile insurer, for failure to compensate him for physical injuries sustained when he was assaulted during the theft of his car. The trial cpurt granted defendant’s motion for summary disposition pursuant to MCR 2.116(C)(10) and denied defendant’s motion for costs and attorney fees. We reverse the grant of summary disposition and affirm the denial of costs and attorney fees.

The facts óf this case are not in dispute. On June 26, 1989, plaintiff was about to get into his parked car when he noticed two men seated in the…