Allen Park Theatre Co. v. Michigan Millers Mutual Insurance

Michigan Court of Appeals

Allen Park Theatre Co. v. Michigan Millers Mutual Insurance

210 N.W.2d 402, 48 Mich. App. 199, 1973 Mich. App. LEXIS 715

CourtMichigan Court of Appeals

DecidedJune 28, 1973

DocketDocket 14757

StatusPublished

Cited by6 cases

This text of 210 N.W.2d 402 (Allen Park Theatre Co. v. Michigan Millers Mutual Insurance) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen Park Theatre Co. v. Michigan Millers Mutual Insurance, 210 N.W.2d 402, 48 Mich. App. 199, 1973 Mich. App. LEXIS 715 (Mich. Ct. App. 1973).

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Opinions

O’Hara, J.

I agree that the insurance policy in this case can be read with complete logic to arrive at the result reached by Judge Fitzgerald. I am, however, compelled to say that the result reached in Sloan v Phoenix of Hartford Ins Co, 46 Mich [201]*201App 46; 207 NW2d 434 (1973), is just as logically possible. Under these circumstances I am compelled to hold with the Sloan Court. If the insurer wanted to be sure that the payment of business-interruption benefits had to be accompanied by physical damage it was its burden to say so une-quivocally. Under the authority of Sloan the trial judge is affirmed.

V. J. Brennan, J., concurred.

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O’Hara, J.

I agree that the insurance policy in this case can be read with complete logic to arrive at the result reached by Judge Fitzgerald. I am, however, compelled to say that the result reached in Sloan v Phoenix of Hartford Ins Co, 46 Mich [201]*201App 46; 207 NW2d 434 (1973), is just as logically possible. Under these circumstances I am compelled to hold with the Sloan Court. If the insurer wanted to be sure that the payment of business-interruption benefits had to be accompanied by physical damage it was its burden to say so une-quivocally. Under the authority of Sloan the trial judge is affirmed.

V. J. Brennan, J., concurred.

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Bluebook (online)

210 N.W.2d 402, 48 Mich. App. 199, 1973 Mich. App. LEXIS 715, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-park-theatre-co-v-michigan-millers-mutual-insurance-michctapp-1973.

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