MONTGOMERY v. FIDELITY & GUAR. LIFE INS. CO.

Docket No. 260493.

713 N.W.2d 801 (2005)

269 Mich. App. 126

Cynthia R. MONTGOMERY, Plaintiff-Appellant, v. FIDELITY & GUARANTY LIFE INSURANCE COMPANY, Defendant-Appellee, and Aaron T. Binder, d/b/a American Classic Agency, Defendant.

Court of Appeals of Michigan.

Decided September 20, 2005.

Approved for Publication December 1, 2005, at 9:05 a.m.

Released for Publication February 16, 2006.


Attorney(s) appearing for the Case

Dan Thomas Ryan, P.C. (by Dan T. Ryan), Shelby Township, for Cynthia R. Montgomery.

Raymond & Prokop, P.C. (by Elaine A. Parson and Jeffrey D. Wilson), Southfield, for Fidelity & Guaranty Life Insurance Company.

Before: HOEKSTRA, P.J., and GAGE and WILDER, JJ.


PER CURIAM.

Plaintiff appeals as of right the trial court's order granting summary disposition in favor of defendant, Fidelity & Guaranty Life Insurance Company.1 We affirm.

In April 2002, plaintiff and her decedent husband applied for a life insurance policy with defendant. Although the decedent had a significant cigarette-smoking habit, the application reflects that he had not used tobacco within the previous five years....

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