Percy Baker v. Edward Darrell Marshall

*592 In this action for uninsured motorist insurance and personal protection insurance (PIP) benefits, the trial court granted summary disposition to defendant, IDS Property Casualty Insurance Company (IDS), on the ground that plaintiff, Percy Baker, had committed fraud. According to the court, a fraud-exclusion clause in Baker's automobile insurance policy with IDS voided her coverage. Baker appeals as of right, challenging the grant of summary disposition in IDS's favor. Because IDS failed to plead fraud as an affirmative *593 defense in its answer, amended answer, or in a motion for summary…