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KUEBLER v. EQUITABLE LIFE ASSURANCE SOCIETY

No. 167729.

555 N.W.2d 496 (1996)

219 Mich. App. 1

Henry E. KUEBLER and Randall G. Garcia, Plaintiffs-Appellants, v. EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES and Michael Ayotte, Defendants-Appellees.

Court of Appeals of Michigan.

Decided September 17, 1996, at 9:20 A.M.

Released for Publication November 22, 1996.

Attorney(s) appearing for the Case

Hackett & Maxwell, P.C. by Phillip B. Maxwell, Pontiac, for Henry E. Kuebler and Randall G. Garcia.

Miller, Canfield, Paddock and Stone, P.L.C. by Gilbert E. Gove and Ellen M. Tickner, Detroit, for Equitable Life Assurance Society of the United States.

MacAloon & Feldman by Barry M. Feldman, Birmingham, for Michael Ayotte.

Before: MICHAEL J. KELLY, P.J., and O'CONNELL and J.R. GIDDINGS, JJ.

J.R. GIDDINGS, Judge.

Plaintiffs appeal as of right the August 11, 1993, grant of defendants' joint motion for summary disposition in this insurance contract case. Plaintiffs had purchased whole life insurance policies mistakenly believing that the premiums would be fully paid in three years when in fact the policies were not vanishing premium policies, because the premiums would continue to be due for life. Plaintiffs contended their misunderstanding was caused by...

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