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STATE OF MICHIGAN COURT OF APPEALS

EARL KRUPP, d/b/a KRUPP AUTO SALES, and FRED KRUPP, Plaintiffs-Appellants, v PRO-TECH AUCTION, INC., and PROGRESSIVE MICHIGAN INSURANCE COMPANY, Defendants-Appellees.

UNPUBLISHED February 12, 2009

No. 281066 Genesee Circuit Court LC No. 06-084114-CK

Before: Wilder, P.J., and Cavanagh and Murray, JJ. PER CURIAM. Plaintiffs appeal as of right the trial court's order of judgment in favor of defendants. The order of judgment resulted from the court's order granting a motion for summary disposition in favor of defendant, Progressive Michigan Insurance Company ("Progressive"), on all counts, and an order granting defendant, Pro-Tech Auction, Inc.'s ("Pro-Tech"), motion in limine to exclude evidence on all counts. We affirm. This case arises out of a dispute between Fred Krupp and Pro-Tech. Krupp tried to sell a 2003 Chevrolet Trailblazer through an auction at Pro-Tech. Krupp had originally purchased the Trailblazer through a Pro-Tech auction, from Progressive, an automobile insurer. Progressive sold the vehicle with a clear title even though it had declared the vehicle a "total loss" and purchased it from one of its insureds. Krupp paid Progressive $2,600 for the vehicle, made $5,400 in repairs and eventually sold it for a profit of $1,500. Progressive discovered the titling mistake when the individual who attempted to purchase the vehicle from Krupp attempted to insure it with Progressive. When the buyer discovered that the Trailblazer was titled incorrectly

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Michigan Law