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STATE OF MICHIGAN COURT OF APPEALS

JODY MAY, CO-CONSERVATOR, DON EDDY, CO-CONSERVATOR, of JOSHUA EDDY, a minor, Plaintiffs/Appellees, v

UNPUBLISHED January 28, 2010

No. 287250 Oakland Circuit Court LC No. 2003-049855-NF

TITAN INSURANCE COMPANY, Defendant/Third-Party PlaintiffAppellant, v AMERICAN FELLOWSHIP MUTUAL INSURANCE COMPANY, Third-Party Defendant.

JODY MAY, CO-CONSERVATOR, DON EDDY, CO-CONSERVATOR, of JOSHUA EDDY, a minor, Plaintiff/Appellees, v TITAN INSURANCE COMPANY, Defendant/Third-Party PlaintiffAppellant, v AMERICAN FELLOWSHIP MUTUAL INSURANCE COMPANY,

No. 287252 Oakland Circuit Court LC No. 03-049855-NF

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Third-Party Defendant.

Before: Murphy, C.J., and Jansen and Zahra, JJ. PER CURIAM. Defendant Titan Insurance Company (Titan) and third-party defendant, American Fellowship Mutual Insurance Company (American Fellowship), appeal as of right from a July 30, 2008, final judgment. In Docket No. 287250, Titan challenges a May 18, 2005 opinion and order granting plaintiffs summary disposition on the issue whether plaintiff Joshua Eddy (plaintiff)1 was entitled to no-fault personal injury protection (PIP) benefits. In Docket No. 287252, American Fellowship challenges a January 8, 2008 opinion and order granting Titan summary disposition entitling Titan to recover from American Fellowship a portion ($250,000) of plaintiff's PIP benefits. The facts of this case are not in dispute. On July 19, 2002, 13-year-old plaintiff attended a "motocross" race at a modified horse-race track in Barry County with several friends, including wheelchair-bound Josh Duits (Josh). Instead of watching the race from the grandstands, plaintiff's stepfather paid extra and parked a handicapped

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