(dissenting). I would not dispose of this case by an opinion per curiam, but would grant leave to appeal to better analyze two issues: whether, given the ambiguity in the contract regarding the scope of individuals covered, the parties to the Elite Bar-North Pointe insurance policy intended a direct benefit to an identifiable class of persons. Also, when insurance contract language is ambiguous, should a reviewing court be free to look further than the “form and meaning” of the language to determine if a third party is contemplated? See, e.g., Klapp v United Ins Group Agency, 468 Mich 459; 663 NW2d 447 (2003).
Cavanagh, J., concurred with Kelly, J.