Opinion
No. 123405.
September 11, 2003. December 30, 2003.
Summary Disposition.
No. 123405. In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the case is remanded to the Wayne Circuit Court for further proceedings. MCR 7.302(G)(1). Part two, section B of the insurance policy provides that a bodily injury to an employee is a condition precedent to the insurer's liability. Because the employee in the underlying claim failed to plead this condition precedent, the insurer had no duty to defend. Court of Appeals No. 235592 (on rehearing).
CAVANAGH and KELLY, JJ. We would deny leave to appeal.
Reconsideration denied.
CAVANAGH, J. I would grant reconsideration and, on reconsideration, would deny leave to appeal.