Allstate Insurance v. Transamerica Insurance

Plaintiif appeals as of right from an order granting summary judgment for defendant under GCR 1963, 117.2(1). Plaintiif had brought suit against defendant seeking partial recoupment from defendant, pursuant to MCL 500.3115(2); MSA 24.13115(2), for certain no-fault benefits paid by plaintiff to its insured, a Mr. Deering. The circuit court determined that plaintiff was the insurer of first priority and hence solely responsible for the payment of no-fault benefits and not entitled to any recoupment from defendant. We affirm.

A motion for summary judgment brought under GCR 1963, 117.2(1) for…