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STATE OF MICHIGAN COURT OF APPEALS

SIMONE MAURO, Plaintiff-Appellant, v LUCIDO'S INSURANCE AGENCY, INC., and PAUL G. LUCIDO, Defendants-Appellees.

UNPUBLISHED December 21, 2010

No. 294397 Macomb Circuit Court LC No. 2008-005252-CK

Before: MARKEY, P.J., and WILDER and STEPHENS, JJ. PER CURIAM. Plaintiff appeals by right the trial court's order granting summary disposition in favor of defendants. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). Plaintiff, a licensed residential builder, planned to construct an 11,000-square-foot home at a cost of approximately $900,000. However, plaintiff procured builder's risk insurance through defendants with a policy limit of only $350,000. Plaintiff testified in his deposition that he spoke with defendant Lucido about the decision not to insure the building for its full value at the start of construction: Q. And can you tell me when you spoke to Paul Lucido? A. Before issuing the policy, and the contents of the conversation was that we knew we were going to put in more than a million dollars into the home, but it was going to take a while for me to get there. I was not getting a mortgage and I was

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