Allen Park Theatre Co. v. Michigan Millers Mutual Insurance

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

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 ; 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.