Chouman v. Home Owners Insurance

810 N.W.2d 88, 293 Mich. App. 434
CourtMichigan Court of Appeals
DecidedAugust 2, 2011
DocketDocket No. 295491
StatusPublished
Cited by57 cases

This text of 810 N.W.2d 88 (Chouman v. Home Owners 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
Chouman v. Home Owners Insurance, 810 N.W.2d 88, 293 Mich. App. 434 (Mich. Ct. App. 2011).

Opinion

Per CURIAM.

Defendant Home Owners Insurance Company appeals by right a judgment entered in favor of plaintiffs, Abir Chouman and Abdul Aziz Ajami. This case arises out of an automobile accident in which Chouman was injured when Mariam Hamadi rear-ended her. Ajami is Chouman’s husband, and defendant is their no-fault insurer. Hamadi was the original named defendant in this matter, but, as will be discussed, she is no longer a party. Defendant argues that the trial court erroneously admitted certain testimonial evidence, erroneously granted a directed verdict in plaintiffs’ favor on the issue of whether Chouman sustained a serious impairment of body function, and erroneously awarded case evaluation sanctions in excess of plaintiffs’ policy limits of liability. We vacate in part, reverse in part, and remand.

Defendant argues that the trial court erroneously admitted two pieces of testimonial evidence. The trial court’s decision whether to admit evidence is reviewed [437]*437for an abuse of discretion, but preliminary legal determinations of admissibility are reviewed de novo; it is necessarily an abuse of discretion to admit legally inadmissible evidence. Barnett v Hidalgo, 478 Mich 151, 158-159; 732 NW2d 472 (2007).

The first piece of testimonial evidence to which defendant objects is that defendant initially paid first-party personal injury protection (PIP) no-fault benefits to plaintiffs, but eventually terminated those payments. The second is that defendant consented to plaintiffs settling their direct claim against Hamadi and Hamadi’s insurer, AAA, for Hamadi’s policy limits. Plaintiffs’ present claim against defendant is for underinsured motorist (UIM) benefits in the amount of the difference between plaintiffs’ policy limits and Hamadi’s policy limits. Defendant argues that the above evidence was irrelevant, unduly prejudicial, and legally inadmissible under MRE 408 and MRE 409.

MRE 408 and MRE 409 are clearly inapplicable to the evidence of defendant’s payment of PIP benefits. MRE 408 prohibits evidence of compromise, offers to compromise, or compromise negotiations in order “to prove liability for or invalidity of the claim or its amount.” See also Alpha Capital Mgt, Inc v Rentenbach, 287 Mich App 589, 620-621; 792 NW2d 344 (2010). The purpose of the rule is to encourage parties to compromise. Id. at 621. MRE 409 prohibits evidence of “offering or promising to pay” medical expenses in order to “prove [a party’s] liability for the injury.” Neither rule prohibits admission of the same evidence for another purpose.

Chouman’s injuries were disputed. Significantly, she received extensive medical treatment while defendant was paying her medical bills, but she mostly stopped receiving medical treatment thereafter. It was critical [438]*438for plaintiffs to explain why Chouman discontinued much of her medical treatment, in light of a possible argument that Chouman had discontinued treatment because she no longer considered it necessary. This evidence was highly and directly relevant to the underlying question of whether Chouman suffered a serious impairment of body function because of the accident. Under the circumstances it was not unduly prejudicial and not admitted for a purpose contrary to either MRE 408 or MRE 409. The trial court did not commit legal error or an abuse of discretion in admitting it. However, the identity of the payor of those benefits is not relevant to any proper purpose. Therefore, on remand plaintiffs are entitled to fully explain why Chouman discontinued medical treatments, but they may not introduce evidence that it was defendant who had previously been paying.

The evidence of defendant’s consent to plaintiffs’ settlement with Hamadi is, in contrast, a difficult question. Notwithstanding the lack of any explicit language precisely on point, MRE 408 has been found to apply to settlements by parties to a suit with nonparties, at least to the extent of using the settlement as proof of liability of the settling party. Windemuller Electric Co v Blodgett Mem Med Ctr, 130 Mich App 17, 20-23; 343 NW2d 223 (1983). And properly so, because not only are voluntary and freely-negotiated compromises encouraged, settlements may be motivated by a great many possible considerations unrelated to the substantive merits of a claim. This exclusionary rule historically only applied in the context of actual disputes regarding liability between the parties, Ogden v George F Alger Co, 353 Mich 402, 406-407; 91 NW2d 288 (1958), and for the purpose of making peace between them rather than for any other purpose. Manistee Nat’l Bank v Seymour, 64 Mich 59, 69-70; 31 NW 140 (1887).

[439]*439Defendant was not a party to the settlement or any part of the settlement process and was involved only to the extent of giving its approval pursuant to plaintiffs’ policy, which explicitly excluded UIM coverage “to any person who settles a bodily injury claim without [defendant’s] written consent.” On the other hand, such consent clauses are obviously relevant to insurers’ subrogation rights, making defendant’s interest greater than some kind of bystander. Ultimately, it does not appear that defendant’s consent to the settlement was, itself, a compromise of a dispute defendant had with any party or nonparty. We therefore conclude that its admission into evidence is not barred by MRE 408.

Nevertheless, the policy concerns underlying MRE 408 remain applicable: as defendant points out, its consent to the compromise may have been the result of the same wide range of possible motivations that might drive an actual settlement.1 Additionally, the contract standard related to defendant’s approval of the Hamadi settlement differs completely from the substantial impairment standard that plaintiff was required to prove in the case before the jury. We therefore find as a matter of law that defendant’s consent to plaintiffs’ settlement with Hamadi and AAA is itself inadmissible because it has so little “tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable,” MRE 401, that we conclude its probative value is substantially out[440]*440weighed by the danger of unfair prejudice, confusion, redundancy, or other related concerns, MRE 403.

However, under the specific and narrow circumstances of this particular case, we would not find its admission to warrant reversal, for two reasons.2 First, it appears that the consent to the settlement was really only incidental to the evidence plaintiffs truly sought, which was an admission, under oath and at trial, by defendant’s claims adjuster that Chouman had in fact sustained a bodily injury and was in fact legally entitled to recover damages from Hamadi. The claims adjuster also testified that defendant had investigated whether Hamadi was collectable, and it determined that Hamadi was uncollectable beyond her policy limits. Therefore, defendant’s subrogation rights would have been meaningless beyond the settlement amount anyway, and that was defendant’s sole reason for consenting to the settlement. Therefore, it was clearly presented to the jury that defendant had not given its consent because it believed plaintiffs’ claims to be meritorious, but because defendant had nothing to lose.

Second, plaintiffs introduced the evidence in order to establish that Chouman had suffered a serious impairment of body function, as required for her to be entitled to UIM benefits.

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Bluebook (online)
810 N.W.2d 88, 293 Mich. App. 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chouman-v-home-owners-insurance-michctapp-2011.