Allstate Insurance v. Keillor

This case is before us on remand from the Supreme Court for consideration of the remaining issues. Allstate Ins Co v Hayes, 442 Mich 56; 499 NW2d 743 (1993). We again affirm the trial court’s grant of summary disposition pursuant to MCR 2.116(C)(10) in favor of Allstate in this action for a declaratory judgment.

We first must consider whether Allstate is es-topped from asserting the exclusions in its policy. An insurer that undertakes the defense of an insured while having actual or constructive knowledge of facts that would allow avoidance of liability will be deemed to have waived its right…