Hearn v. Rickenbacker

I

This suit arises out of a commercial property fire loss. Because the action was dismissed on the defendant’s motion for accelerated judgment, GCR 1963, 116.1(5) (MCR 2.116[C][7]), the facts well-pleaded by the plaintiff and the reasonable infer enees therefrom must be considered most favorably toward the plaintiff. Williams v Polgar, 391 Mich 6, 11; 215 NW2d 149 (1974).

Defendants are the insurance agent, Floyd W. Rickenbacker, doing business as Rickenbacker & Associates, 1 and Michigan Basic Property Insurance Association, the insurer. On May 22, 1980, the Association issued a fire and theft…