Kelly v. Allegan Circuit Judge

This is an appeal from an order of the Court of Appeals granting plaintiff’s request for an order of superintending control prohibiting defendant insurance company from deposing the attending physician of plaintiff’s decedent husband.

Suit was brought in Allegan county circuit court on a policy of insurance issued by defendant company on the life of plaintiff’s husband. The defendant company denies liability under the policy claiming a material misrepresentation regarding the condition of the insured’s health on his application for insurance.

The defendant company noticed the taking of the…