Attorney General v. State Farm Mutual Automobile Insurance

408 N.W.2d 103, 160 Mich. App. 57
CourtMichigan Court of Appeals
DecidedMay 5, 1987
DocketDocket No. 85936
StatusPublished

This text of 408 N.W.2d 103 (Attorney General v. State Farm Mutual Automobile Insurance) 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
Attorney General v. State Farm Mutual Automobile Insurance, 408 N.W.2d 103, 160 Mich. App. 57 (Mich. Ct. App. 1987).

Opinion

M. R. Stempien, J.

In this third-party claim, defendant and third-party plaintiff State Farm Mutual Automobile Insurance Company appeals as of right from a June 17, 1985, order granting the motion for accelerated judgment of third-party defendant National Indemnity Company (hereinafter nico) entered against State Farm’s subrogation claim. The order also denied State Farm’s motion for summary judgment. We reverse the order as to each motion._

[60]*60A recitation of the undisputed facts is necessary to an informed understanding of the issues. This case originated with an automobile accident in Clio, Michigan, on December 15, 1980. James Wonsey was driving a car owned by Larry Woodby, doing business as New Venture Auto Sales. Ardith Wonsey, Chad Jason Wonsey and Elzie Earegood were passengers. A car driven by an uninsured motorist, Brenda Short, struck the Woodby car. The Wonseys and Earegood received injuries, including fractures, which required hospitalization and medical care.

Woodby had a garage liability insurance policy, issued by nico, which included no-fault insurance coverage on the automobile. However, before the accident, on November 16, 1980, nico attempted to cancel the policy. Because of the accident, the Wonseys and Earegood were entitled to personal protection insurance benefits under the policy, pursuant to MCL 500.3107; MSA 24.13107.

The Wonseys presented their claims to nico. At this point, the parties disagree on certain facts. State Farm seems to imply that both the Wonseys and Earegood submitted claims to nico. However, nico states in its brief that only the Wonseys presented claims to nico. Nico says that the Earegood claim was not presented to nico until April 16, 1982, when State Farm’s counsel orally told nico about the Earegood claim. We rely upon nico’s position based upon the affidavit of a regional claim supervisor which asserts that a search of nico’s records revealed no notice of a no-fault claim on behalf of Earegood.

Nico denied no-fault coverage, relying on its attempted cancellation. Consequently, on January 12, 1981, the Wonseys filed a declaratory judgment action against nico and Farm Bureau Mutual Insurance Company of Michigan, Community Ser[61]*61vice Insurance Company, Farm Bureau Marketing Corporation of Michigan and the Community Service Acceptance Corporation (hereinafter collectively referred to as Farm Bureau). The Wonseys claimed that the nico policy was in effect at the time of the accident and that they were entitled to benefits under it. Farm Bureau was named as a defendant because the nico insurance policy had been purchased from the Flint office of the Farm Bureau Insurance Group.

On March 16, 1981, Earegood died as a result of his injuries. No personal representative was ever appointed for the estate of Earegood. On April 22, 1981, the Michigan Department of Social Services paid Earegood’s hospital expenses, totaling $41,576.21, pursuant to its Medicaid program.

On or about August 19, 1981, the claims of the Wonseys and Earegood were assigned to State Farm through the assigned claims plan pursuant to MCL 500.3172; MSA 24.13172. This statute allows a claim to be assigned to a different insurance company if a personal protection insurance policy applicable to an accident cannot be identified, or if there is a dispute between two or more insurers concerning their obligations. State Farm refused to pay the claims, however, adopting the Wonseys’ position that the nico policy was in effect. Nonetheless, on October 2, 1981, State Farm’s claims superintendent, Thomas Orn, wrote a letter to nico’s attorney, Guy H. Hill, volunteering to make the payments if nico would sign an agreement promising to reimburse State Farm should the pending declaratory judgment action be resolved against nico. There is no indication whether nico ever signed such an agreement.

On October 26, 1981, plaintiff filed this action in the Ingham Circuit Court, dss sought to recover from State Farm $8,949.75 that dss had paid for [62]*62Ardith Wonsey’s medical expenses, $11,216.19 that dss had paid for Chad Wonsey’s medical expenses, $109.76 that dss had paid for James Wonsey’s medical expenses and $41,576.21 that dss had paid for Earegood’s expenses. All payments had been made by dss through Medicaid, and dss was entitled to subrogation for these payments pursuant to MCL 400.106; MSA 16.490(16).

On December 8, 1981, the Wonseys added State Farm as a defendant in the declaratory judgment action. In that action, on December 9, 1981, the circuit court ordered State Farm to pay personal protection insurance benefits to the Wonseys until the suit was resolved and ordered nico to reimburse State Farm should the court eventually find that the nico policy was in effect on December 15, 1980.

In late May of 1982, settlement was reached between dss and State Farm. State Farm agreed to reimburse dss. On May 21, 1982, State Farm filed a third-party complaint in the Ingham Circuit Court action against nico and Farm Bureau, claiming it was entitled to indemnification and reimbursement for any payments to dss for the Wonseys’ or Earegood’s claims. On June 1, 1982, State Farm paid $41,688.65, which represented the total medical expenses of Earegood, to dss.

On June 28, 1982, nico filed its answer to State Farm’s third-party complaint. In its affirmative defenses, nico admitted that State Farm is a subrogee of Earegood, but claimed that State Farm was barred from bringing the third-party complaint for Earegood’s medical expenses by MCL 500.3145(1); MSA 24.13145(1), because the third-party complaint was filed more than one year after the accident and neither Earegood, dss nor State Farm had given nico notice of the Earegood claim before the one year was up. We note that [63]*63nico could not assert this defense in regard to the Wonsey claims for which State Farm wanted reimbursement because the Wonseys had filed their declaratory judgment action within one year after the accident.

On July 2, 1982, Farm Bureau filed its answer to State Farm’s third-party complaint. As an affirmative defense, it also claimed that the third-party complaint was barred with respect to Earegood’s claim since it was not filed within one year of the accident. Farm Bureau demanded that State Farm reply to this affirmative defense.

On August 2, 1982, State Farm answered the affirmative defenses of nico and Farm Bureau. In answer to the statute of limitation defense, State Farm asserted that its third-party complaint was not barred, because the October 2, 1981, letter from Orn to Hill constituted notice in accordance with MCL 500.3145(1); MSA 24.13145(1). State Farm also asserted that on April 16, 1982, during negotiations in the declaratory judgment action, counsel for the Wonseys and counsel for all the defendants, including nico, discussed the Earegood claim and thus nico’s right to written notice was waived.

On September 6, 1983, a consent judgment was entered in the declaratory judgment action. The consent judgment provided that the nico insurance policy was in effect at the time of the accident, and that nico would pay the Wonseys and State Farm $128,750 in settlement. Nico was to contribute $100,000 and Farm Bureau was to contribute $28,750; State Farm was to receive $60,000 and the Wonseys were to receive $68,750. This payment by nico and Farm Bureau to State Farm and the Wonseys was to be in full settlement of all disputes between the parties. The consent judgment further provided that nico was responsible [64]

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Bluebook (online)
408 N.W.2d 103, 160 Mich. App. 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/attorney-general-v-state-farm-mutual-automobile-insurance-michctapp-1987.