Smith v. Michigan Basic Property Insurance

I write separately to state that although in my view the evidentiary error was harmless, I agree with the Court of Appeals that the trial court erroneously concluded that People v Henderson, 408 Mich 56; 289 NW2d 376 (1980), barred admission of plaintiffs’ tax returns for any purpose. The defendant did not seek to show generally that poor persons are more likely to commit arson than affluent people. Rather, there being other evidence of incendiary origin, the probative value of the specific evidence was its logical relevance to motive for arson and to fraud relating to personal loss. This…