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eBook details

• Title: Detroit Edison v. Michigan Mutual
• Author : Supreme Court of Minnesota
• Release Date : January 02, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

An employee of Michigan Boiler Company was injured while working at a Detroit Edison Company plant. Edison was insured by a comprehensive general liability policy issued by Michigan Mutual Insurance Company. The employee filed suit against Edison. Thereupon, when Michigan Mutual declined to defend the case, Edison filed a complaint in Wayne Circuit Court for a declaratory judgment that Michigan Mutual was required to defend the suit. Horace W. Gilmore, J., ruled that, since the injured employees complaint alleged negligence on the part of Edisons employees rather than supervisory acts or omissions, Michigan Mutuals motion for summary judgment should be granted. Subsequently, Edison filed a motion for reconsideration of the summary judgment based on the fact that the injured employee had amended his complaint so that it alleged specifically that Edisons negligence included its failure to properly supervise the project he was working on.

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