Allstate Insurance v. Elassal

512 N.W.2d 856, 203 Mich. App. 548
CourtMichigan Court of Appeals
DecidedFebruary 8, 1994
DocketDocket 147265
StatusPublished
Cited by21 cases

This text of 512 N.W.2d 856 (Allstate Insurance v. Elassal) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allstate Insurance v. Elassal, 512 N.W.2d 856, 203 Mich. App. 548 (Mich. Ct. App. 1994).

Opinion

Per Curiam:.

Allstate Insurance Company appeals as of right the circuit court’s grant of summary disposition in favor of Enterprise Leasing Company of Detroit. At issue is whether self-insurance, permitted under MCL 257.531; MSA 9.2231 and MCL 500.3101(4); MSA 24.13101(4), is "other collectible insurance” under the terms of Allstate’s insurance policy. We hold that it is, and reverse.

i

The underlying facts are not in dispute. On September 9, 1990, Lawrence Elassal, driving a rented car, struck and seriously injured Richard Belczynski, a pedestrian. The car was owned by Enterprise Leasing Company, and had been rented by Elassal’s mother, Amilia, to replace a family car under repair.

Elassal and his mother were both covered by an Allstate insurance policy issued to Riad Elassal, Lawrence’s father and Amilia’s husband. The policy provided coverage for "[a]ny resident of the named insured’s household with respect to the owned automobile,” any "owned” automobiles, and any "temporary substitute automobile,” meaning *550 any automobile used in place of the owned automobile "when withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction.” Regarding Allstate’s liability for a temporary substitute vehicle, the policy also provided:

[T]he insurance with respect to a temporary substitute automobile or a non-owned automobile shall be excess insurance over any other collectible insurance.

The policy provided that Allstate would defend its insureds in any lawsuit against them for damages payable under the policy.

Enterprise’s contract with Amilia Elassal provided:

Bodily injury/property damage responsibility to third parties: If Renter or other authorized driver is in compliance with all provisions of this agreement, and is between 25 and 70 years old, Owner’s financial responsibility extends to Renter and other drivers named on this agreement and approved by Owner for third party claims arising from the use of the car as required by Motor Vehicle Minimum Financial Responsibility Laws of the state where the car is operated, unless this agreement requires the Renter to provide such coverage.

Enterprise’s contract did not provide that Enterprise would defend its renters in suits asserting such claims.

Enterprise did not carry insurance on its cars, but had obtained self-insured certification from the Secretary of State pursuant to MCL 257.531; MSA 9.2231 and MCL 500.3101(4); MSA 24.13101(4), by demonstrating that it had sufficient assets to satisfy judgments rendered against it. In addition, Enterprise carried an excess-liability policy from *551 the Travelers Insurance Companies for judgments in excess of $700,000, with a limit of $9,300,000.

Belczynski sued Enterprise and the Elassals. Under a reservation of rights, Allstate provided the Elassals’ defense. Allstate subsequently filed a complaint for declaratory judgment, setting forth several grounds for its claim that its coverage did not apply, and requesting a ruling that Allstate had no obligation to continue to defend the Elassals. Allstate also claimed that, even if its coverage did apply, under the policy’s terms it was obliged to provide only "excess insurance over any other collectible insurance,” with Enterprise providing primary coverage. Therefore, Allstate asserted, Allstate’s policy provided no coverage, and Allstate was obliged neither to indemnify the Elassals nor to continue their defense. Moving for partial summary disposition pursuant to MCR 2.116(C)(10), Allstate requested that the trial court find that Enterprise, through its self-insured status, was the primary insurer, with coverage extending to the base limit of its excess-liability policy. Allstate also requested that Enterprise be required to "assume its duty to defend” the Elassals, and to reimburse Allstate for all costs, expenses, and attorney fees resulting from its defense in the principal action, as well as costs of litigating the duty to defend in this action.

In response, Enterprise argued that its self-insured status did not constitute "other insurance” as set forth in Allstate’s policy, that being self-insured was not the equivalent of being insured, and that Allstate therefore remained the primary insurer. Enterprise also denied any obligation to defend.

The trial court found that Enterprise’s certificate of self-insurance was not "other insurance” as provided in Allstate’s policy. Concluding that All *552 state was the primary insurer, responsible for providing coverage for the rental car driven by Lawrence Elassal at the time of the accident as a temporary substitute vehicle, the court denied Allstate’s , motion for partial summary disposition.

According to Allstate’s brief on appeal, the underlying action between Belczynski and the Elassals has been amicably resolved, with Enterprise paying $162,000 and Allstate contributing $30,000 to the settlement. Allstate now seeks reversal of the trial court’s ruling in order to allow it to obtain reimbursement from Enterprise for the $30,000, plus costs and attorney fees. Enterprise, in turn, maintains that the trial court’s ruling was correct, and that Allstate is obliged to pay the Elassals’ defense costs and indemnification up to the policy limit of $50,000.

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Summary disposition pursuant to MCR 2.116(C) (10) is proper when, except with regard to the amount of damages, there is no genuine issue regarding any material fact, and the moving party is entitled to judgment as a matter of law. Radtke v Everett, 442 Mich 368, 374; 501 NW2d 155 (1993). On appeal, we review the trial court’s grant or denial of summary disposition de novo. Adkins v Thomas Solvent Co, 440 Mich 293, 302; 487 NW2d 715 (1992).

Both the no-fault act, MCL 500.3101 et seq.; MSA 24.13101 et seq., and the financial responsibility act, MCL 257.501 et seq.; MSA 9.2201 et seq., impose requirements on motor vehicle operators pertaining to liability insurance. The no-fault act provides that owners or registrants of motor vehicles shall maintain "security” for payment of benefits under residual liability insurance, as well as *553 personal and property protection insurance. MCL 500.3101(1); MSA 24.13101(1). Similarly, the financial responsibility act provides that owners and operators must demonstrate "proof of financial responsibility” for liability purposes, which may take the form of a certificate of liability insurance, a bond, or a certificate of deposit of money or securities. MCL 257.517-257.524; MSA 9.2217-9.2224. Alternatively,

(a) Any person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the secretary of state ....

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Bluebook (online)
512 N.W.2d 856, 203 Mich. App. 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allstate-insurance-v-elassal-michctapp-1994.