Michigan Court of Appeals; Docket #292064; Unpublished
Judges Borrello, Jansen, and Bandstra; unanimous; per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Misrepresentation / Fraud as a Basis to Rescind Coverage
TOPICAL INDEXING:
Cancellation and Rescission of Insurance Policies
CASE SUMMARY:
In this unanimous unpublished per curiam opinion, the Court of Appeals held that defendant would be entitled to void plaintiff’s no-fault policy ab initio based upon a material misrepresentation if the defendant was able to establish the admissibility of a computer printout that reflected the fact plaintiff represented herself to be a divorced woman at the time she applied for insurance online, when she was, in reality, married. The court held that plaintiff’s misrepresentation of her marital status need not have been intentional or purposeful, as long as the defendant relied upon the mistaken representations in issuing an insurance policy that defendant otherwise would not have issued. In this particular case, the plaintiff’s marital status was important because her husband had an unacceptable driving record at the time plaintiff applied for her insurance and had she accurately reflected she was married to this man at the time of the application, the defendant would not have issued an insurance policy. Therefore, assuming the admissibility of the computer printout document that would establish plaintiff’s inaccurate representation of her marital status, defendant would be entitled to void the policy ab initio.
