Legal Opinion

Winters v. National Indemnity Co.

Michigan Court of Appeals

Decided October 6, 1982No. Docket 58797PublishedCited by 11 opinions

1Opinion of the CourtV. R. Payant, J.

National Indemnity appeals as of right from an order of partial summary judgment in which the trial court found that National Indemnity and DAIIE were liable in equal proportion for plaintiffs no-fault insurance benefits.

The underlying facts are not in substantial dispute. On November 10, 1978, Robert Winters, plaintiffs decedent, was operating a tractor-trailer which he owned and leased to his employer, Allied Delivery System, Inc. (Allied). Willie Penilton also owned a tractor which he leased to Allied. Winters’s vehicle became disabled and Penilton was dispatched by Allied to go out to…

2Cases cited5 opinions

  1. Shinabarger v. Citizens Mutual InsuranceMichigan Court of Appeals · 1979
  2. Kalin v. Detroit Automobile Inter-Insurance ExchangeMichigan Court of Appeals · 1982
  3. Davis v. Auto-Owners InsuranceMichigan Court of Appeals · 1982
  4. Kewin v. Board of Education of the Melvindale-Northern Allen Park Public SchoolsMichigan Court of Appeals · 1975
  5. State Farm Fire & Casualty Co. v. Citizens Insurance Co. of AmericaMichigan Court of Appeals · 1980

3Cited by11 opinions

  1. Royal Globe Insurance v. Frankenmuth Mutual InsuranceMichigan Supreme Court · 1984
  2. Farm Bureau Gen. Ins. Co. of Michigan v. RidderingMichigan Court of Appeals · 1988
  3. Hackley v. State Farm Mutual Automobile InsuranceMichigan Court of Appeals · 1985
  4. Wagner v. Michigan Mutual Liability InsuranceMichigan Court of Appeals · 1984
  5. Rohlman v. Hawkeye Security InsuranceMichigan Court of Appeals · 1991

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