Michigan Court of Appeals; Docket #270956; Unpublished
Judges Borrello, Jansen, and Cooper; 2-1 (Judge Jansen dissenting); per curiam
Official Michigan Reporter Citation: Not applicable, Link to Opinion 
STATUTORY INDEXING:
Not applicable
TOPICAL INDEXING:
Cancellation and Rescission of Insurance Policies
CASE SUMMARY:
In this 2-1 unpublished per curiam opinion, decided without oral argument, the Court of Appeals affirmed the denial of defendant Allstate’s motion for summary disposition, finding that because plaintiff’s misrepresentations in her application for no-fault benefits were not material, defendant was not entitled to rescind her policy.
In affirming, the Court of Appeals noted that the plaintiff in this case made several misrepresentations in her application for no-fault insurance, but found the misrepresentations were not material. Although plaintiff claimed she was single and had no dependents, when, in fact, she was married and had five children, she was separated and defendant failed to show that the two children who were old enough to drive had licenses or lived with plaintiff. In this regard, the court stated:
“Defendant has shown that plaintiff made several misrepresentations in her insurance application but has failed to show that those misrepresentations were material. Plaintiff, who was married but had separated and had five children, indicated that she was single, had no dependents, and that there were no other licensed drivers in her household. While two of plaintiff’s children were 16 or older, defendant has not shown that they were licensed drivers or resided with plaintiff. Additionally, while plaintiff’s husband was a licensed driver whose license had been suspended, defendant has not shown that he and plaintiff were members of the same household or that he had access to plaintiff’s car.”
