Oade v. Jackson National Life Insurance

I concur in part iv(a) of the majority’s opinion. Because the decedent violated his contractual duty by failing to update his medical history, true statements in his insurance application became false at the time the contract was made. The false statements were “misrepresentations” within the meaning of MCL 500.2218(2).

However, I dissent from the majority’s conclusion in its part iv(b) that there was no genuine issue of material fact concerning the materiality of the misrepresentations. Plaintiff introduced sufficient evidence to raise a fact question whether defendant would have issued the…