Wickersham v. John Hancock Mutual Life Insurance

Blair Moody, Jr., J.

Plaintiff asserts a claim for proceeds as beneficiary under a life insurance policy. Defendant responds that the deceased misrepresented a material fact in the application for the policy which bars recovery.

Pursuant to GCR 1963, 797.2,1 this Court ordered consideration of the following question certified by the United States District Court, Eastern *60District of Michigan, Southern Division. 410 Mich 1108 (1981):

"Should the term 'materiality’ in [MCL 500.2218; MSA 24.12218] be construed to require only that a misrepresentation affect the insurer’s risk, or should it be…