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ANDREA COX V AUTO CLUB INS ASSN
State: Michigan
Court: Court of Appeals
Docket No: 263235
Case Date: 02/23/2006
Preview:STATE OF MICHIGAN
COURT OF APPEALS


ANDREA COX, a Minor, through her Next Friend, ANDREA LANDRUM, and ANDREA LANDRUM, Individually, Plaintiffs-Appellees, v AUTO CLUB INSURANCE ASSOCIATION, Defendant-Appellant, and PROGRESSIVE MICHIGAN INSURANCE COMPANY, Defendant-Appellee.

UNPUBLISHED February 23, 2006

No. 263235 Wayne Circuit Court LC No. 04-421608-NF

Before: Hoekstra, PJ, and Neff and Owens, JJ. PER CURIAM. Defendant, Auto Club Insurance Association (ACIA), appeals as of right from a partial consent judgment. On appeal, ACIA takes issue with a previous order that denied ACIA's motion for summary disposition and found that ACIA was in the first order of priority to provide personal protection insurance (PIP) benefits to Andrea Cox (Andrea). We reverse. ACIA argues that the trial court erred when it found that Andrea was domiciled with both her mother, Andrea Landrum (Landrum), and her father, Gregory Cox (Greg), and in turn concluded that Andrea was entitled to receive PIP benefits from Greg's ACIA insurance policy. We agree. A trial court's decision to grant or deny summary disposition is reviewed de novo. Dressel v Ameribank, 468 Mich 557, 561; 664 NW2d 151 (2003). Review is limited to the evidence presented to the trial court at the time the motion was decided. Pe
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