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SMITH v. STATE ACCIDENT FUND

Docket No. 24486.

73 Mich. App. 710 (1977)

252 N.W.2d 556

SMITH v. MICHIGAN STATE ACCIDENT FUND

Michigan Court of Appeals.

Decided March 1, 1977.

Attorney(s) appearing for the Case

Joseph C. Cox, for plaintiffs.

Vandeveer, Garzia, Tonkin, Kerr & Heaphy, P.C. (by James A. Sullivan) for Michigan State Accident Fund.

Before: DANHOF, C.J., and QUINN and BEASLEY, JJ.

QUINN, J.

The general factual background of this litigation may be found in Elliott v Smith, 47 Mich.App. 236; 209 N.W.2d 425 (1973). Facts pertinent to the present action and not reported in Elliott are:

1. The premium for insurance was paid August 22, 1967, four days after the employee's death.

2. The application for insurance provided that there was no insurance...

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