Smart v. New Hampshire Insurance

Because this case presents facts unlikely to reoccur and has little jurisprudential significance, I believe leave was improvidently granted. I concur in the result of affirmance for the reasons expressed by the Court of Appeals, in particular:

At most, plaintiffs showed the existence of a conflict between the terms of the policy and the endorsement. When there is a conflict between the language of an endorsement and the form provisions of an insurance contract, the terms of the endorsement prevail. Peterson v Zurich Ins Co, 57 Mich App 385; 225 NW2d 776 (1975); Jones v Philip Atkins…