Montgomery v. Fidelity & Guaranty Life Insurance

Plaintiff appeals as of right the trial court’s order granting summary disposition in favor of defendant, Fidelity & Guaranty Life Insurance Company. We affirm.

In April 2002, plaintiff and her decedent husband applied for a life insurance policy with defendant. Although the decedent had a significant cigarette-smoking habit, the application reflects that he had not used tobacco within the previous five years. After defendant accepted their application, it issued a policy 2 and collected their premiums. In May 2002, the decedent was killed in an automobile accident. Shortly after the decedent…