Smith v. Globe Life Insurance

In addition to joining Justice Cavanagh’s dissenting opinion regarding plaintiff’s Michigan Consumer Protection Act claim, I respectfully dissent from the majority’s resolution of plaintiff’s breach of contract claim. I disagree that defendant is entitled to summary disposition1 because Robert Smith made a *469material misrepresentation in an insurance application, absent any showing that defendant relied on the misrepresentation.

When a material misrepresentation of fact affects acceptance of the risk or hazard assumed by an insurer, MCL 500.2218; MSA 24.12218 permits the insurer to void the…