Nesbitt v. American Community Mutual Insurance

Defendant appeals as of right, and plaintiff cross appeals, from orders on motions for summary disposition concerning plaintiff’s statutory and contract claims. We affirm in part, reverse in part, and remand for further proceedings.

Plaintiff’s wife, Ethel Nesbitt, a smoker, visited a physician on October 16, 1993, complaining of cough, congestion, and shortness of breath. The doctor referred Mrs. Nesbitt for a lung x-ray, which, four days later, indicated a large pleural effusion on the lung. Five days after the x-ray, Mrs. Nesbitt applied for a six-month, short-term insurance policy with…