Smith v. Michigan State Accident Fund

The general factual background of this litigation may be found in Elliott v Smith, 47 Mich App 236; 209 NW2d 425 (1973). Facts pertinent to the present action and not reported in Elliott are:

1. The premium for insurance was paid August 22, 1967, four days after the employee’s death.

2. The application for insurance provided that there was no insurance in effect until the application was approved by Michigan State Accident Fund at its home office. Plaintiffs were independently so advised at least three times.

3. Between August 4, 1967, when the application was received at the home office of…