S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
FARMERS INSURANCE EXCHANGE,
July 3, 2003
Nos. 238008; 239778
Allegan Circuit Court
CHRISTOPHER KURZMANN and
CHRISTOPHER KURZMANN, JR.,
LC No. 00-028183-CK
KATHRYN KURZMANN, Conservator of the
ESTATE OF BLANE KURZMANN
Before: Smolenski, P.J., and Cooper and Fort Hood, JJ.
In Docket No. 238008, plaintiff Farmers Insurance Exchange appeals as of right from the
trial court’s November 13, 2001, order denying its motion for summary disposition and granting
defendant Kathryn Kurzmann’s motion for declaratory judgment and summary disposition,
pursuant to MCR 2.116(C)(8) and (10). Farmers also appeals the trial court’s February 5, 2002,
order granting Kathryn Kurzmann’s motion for attorney fees and costs in Docket No. 239778.
These cases were consolidated for purposes of appeal. We affirm.
I. Background Facts and Procedural History
The instant case arises out of an automobile accident that occurred on April 12, 1999. On
that date, Blane Kurzmann was seriously injured while a passenger in an automobile that was
being operated by his brother, Christopher Kurzmann, Jr. Blane was fourteen years old and
Christopher was eighteen years old at the time of the accident. As a result of the accident, Blane
endured numerous surgeries and continues to undergo rehabilitation therapy. By Fall of 2001,
the medical bills associated with Blane’s care and treatment exceeded $150,000.
The automobile involved in the accident was owned by Christopher Kurzmann, the father
of Blane and Christopher, and insured by Farmers. Both Christopher Kurzmann and Christopher
Kurzmann, Jr., were insured under this automobile insurance policy at the time of the accident.
According to Mr. Kurzmann, he requested the highest liability coverage for his vehicle and was
informed that the highest