BYRON A SAVAGE V FARM BUREAU LIFE INSUR CO
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STATE OF MICHIGAN
COURT OF APPEALS
BYRON A. SAVAGE,
UNPUBLISHED
April 19, 2002
Plaintiff-Appellant,
No. 228112
Bay Circuit Court
LC No. 99-003342-CZ
V
FARM BUREAU LIFE INSURANCE
COMPANY,
Defendant-Appellee,
and
THOMAS A. CARTER and DANIEL R.
BOWMAN,
Defendants.
Before: Gage, P.J., and Griffin and Buth*, JJ.
MEMORANDUM.
Plaintiff appeals as of right the order granting defendant summary disposition under
MCR 2.116(C)(10). We affirm. This appeal is being decided without oral argument pursuant to
MCR 7.214(E).
Plaintiff brought this action on defendant’s failure to issue a life insurance policy.
Although plaintiff only identified one policy in his complaint, three other policy applications
submitted by plaintiff and his son were addressed by the court. Defendant presented evidence
that the first policy was not issued because plaintiff failed to complete a required document. The
second policy listed plaintiff as an additional insured, and lapsed for nonpayment of the
premium. The third policy excluded plaintiff based on his medical condition. The fourth policy
was never issued because the required premium was not paid.
In response to the motion, plaintiff was required to present evidence showing that there
was a genuine issue of material fact for trial. MCR 2.116(G)(4); Maiden v Rozwood, 461 Mich
109, 120; 597 NW2d 817 (1999). Plaintiff failed to present any evidence showing that defendant
* Circuit judge, sitting on the Court of Appeals by assignment.
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was responsible for the insurance policies not being maintained. The trial court properly granted
summary disposition to defendant.
Affirmed.
/s/ Hilda R. Gage
/s/ Richard Allen Griffin
/s/ George S. Buth
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