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TITAN INS. CO. v. HYTEN

Docket No. 142774. Calendar No. 4.

817 N.W.2d 562 (2012)

491 Mich. 547

TITAN INSURANCE COMPANY v. HYTEN.

Supreme Court of Michigan.

Decided June 15, 2012.

Attorney(s) appearing for the Case

Law Offices of Ronald M. Sangster, PLLC, Troy (by Ronald M. Sangster ), for Titan Insurance Company.

Amicus Curiae: Plunkett Cooney (by Mary Massaron Ross and Hilary A. Ballentine ), for the Insurance Institute of Michigan.

Opinion of the Court

MARKMAN, J.

We granted leave to appeal to address whether an insurance carrier may avail itself of traditional legal and equitable remedies to avoid liability under an insurance policy on the ground of fraud in the application for insurance, when the fraud was easily ascertainable and the claimant is a third party. In accordance with this Court's precedent in Keys v. Pace, 358 Mich. 74,

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