COHEN v. NEW YORK LIFE INSURANCE COMPANY, 456 Mich. 865 (1997)

568 N.W.2d 683

No. 107266, 107267.Supreme Court of Michigan.
Summary Dispositions September 9, 1997.

In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed, and the judgment of the Oakland Circuit Court is reinstated. MCR 7.302(F)(1). In the circumstances of this case, there was no genuine issue of material fact that failure to disclose more than 100 psychotherapy sessions with a licensed psychologist during the five years preceding the application for insurance constituted a material misrepresentation. The psychologist was a “practitioner” within the obvious meaning of the question, and in the context of the questionnaire, which had asked elsewhere about “psychiatric, emotional, or mental health” conditions, the psychotherapy sessions were consultations that should have been disclosed. Court of Appeals Nos. 171064, 173296.