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Court of Appeals overturns summary disposition as based on Defendant's conclusory allegations of fact

Sasson Babayov sued the Fire Insurance Exchange for damages under his fire insurance policy.  He claimed the Exchange owed coverage for a fire and subsequent theft, which he discovered on May 20, 2007.  The insurer argued that on April 25, 2007, it had canceled the policy for non-payment, effective ten days later.  When Babayov sought summary disposition, the trial court  accepted the Exchange's representation that the loss occurred on May 20, without any proof, and dismissed the underlying claim.  The higher court reversed, pointing out that there was clearly a genuine dispute with regard to when the loss occurred and that the trial court could not simply accept the allegations of the insurer.

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