North River Insurance v. Endicott

On September 25, 1984, plaintiff, North River Insurance Company, filed a complaint for declaratory judgment seeking a determination that it was not required to defend or indemnify the defendant, its insured, in a probate court action for an accounting brought by a third party. On February 21, 1985, plaintiff’s motion for summary judgment was granted pursuant to GCR 1963, 117.2(3), now MCR 2.116(0(10). Defendant appeals as of right.

Defendant, Paul Endicott, is a certified public accountant. In December, 1972, defendant acquiesced to the request of a personal friend and became a trustee of the…